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Judge Lynch http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46108 PLAINTIFF, WHO fell and injured himself in Manhattan, alleged that the City caused his fall by negligently placing a concrete barrier at the location without taking appropriate precautions. According to plaintiff, the City negligently failed to remove from the barrier the I-beam that caused his fall or to mark the barrier with reflective tape, lights or paint in order to alert pedestrians to the potential hazard it posed. The court denied the City’s summary judgment motion, finding an issue of fact about whether the City’s failure to take these precautions constituted negligence. The court added that it could not conclude that an I-beam protruding from a barrier that has not been marked with reflective tape, paint or lights is “an open and obvious danger.” The court further noted that whether plaintiff failed to see the I-beam because of his own negligent inattention rather than because the City negligently failed to put a reflector on the barrier to make it visible to pedestrians after dark is a question of fact.

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