In Santana v. City of New York , Sandy Santana sued the City of New York for injuries he incurred after his bicycle hit a poleless metal bollard sleeve protruding from a park pathway.
After a Bronx County Supreme Court jury found the City fully liable, an appeal to the Appellate Division, First Department, followed.
Since the evidence showed the missing pole was regularly removed by NYC employees to provide maintenance vehicles access to the park, the AD1 was of the view the City failed to fulfill its duty to maintain the area in a reasonably safe condition.
Oye Como Va!
To download a copy of the Appellate Division's decision, please use this link: Santana v. City of New York