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BUCCINO v. CITY OF NEW YORK
Appellate Division of the Supreme Court of New York, First Department.
May 26, 2011
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Plaintiff regularly bicycled to his job at the New York piers, employing one route. The court correctly found, as a matter of law, that a speed bump on the 20-foot-wide roadway at the entrance to Pier 94, coupled with a car parked near the speed bump, which car plaintiff had seen in the same location many times before, did not constitute a dangerous condition. The speed bump and the legally parked car — which left at least 10 feet for vehicles to pass through — were "plainly observable and did not pose any danger to someone making reasonable use of his or her senses" ( Rivera v City of New York, 57 AD3d 281, 282).
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