Plaintiff testified she fell on May 18, 1955 in a hole in the public sidewalk in front of defendant's premises in the city of Albany and was injured. Defendant was not required by law or ordinance to repair the sidewalk and would not be responsible had he neglected to repair it. There is proof, however, that he undertook to repair it with cement patchwork in the part of the sidewalk in which plaintiff fell. There is evidence that the patchwork which was installed "nearly...
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