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MAURO v. CITY OF NEW YORK

7554. 155085/12.

166 A.D.3d 417 (2018)

88 N.Y.S.3d 5

2018 NY Slip Op 07536

Andre Mauro, Respondent, v. City of New York et al., Appellants, et al., Defendants.

Appellate Division of the Supreme Court of New York, First Department.

Decided November 8, 2018.

Issues of fact exist as to whether plaintiff's presence on the City and PS 85's property was foreseeable (see Scurti v City of New York, 40 N.Y.2d 433 [1976] [jury could find City failed to use reasonable care to avoid foreseeable injury to infant plaintiff who was electrocuted after entering railroad yard through one of several holes in fence on City-owned playground that were made and used by area children]; compare Garcia v...

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