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SOBEL v. CITY OF NEW YORK

9 N.Y.2d 187 (1961)

Ella Sobel et al., Respondents, v. City of New York et al., Appellants-Respondents; W. J. Fitzgerald Paving Co., Inc., et al., Appellants, et al., Defendants.

Court of Appeals of the State of New York.

Decided February 23, 1961.

Attorney(s) appearing for the Case

George J. Conway for Slattery Rock Corporation, appellant.

James J. McLoughlin and Anthony J. De Cicco for W. J. Fitzgerald Paving Co., Inc., appellant.

Leonard Hemley, John J. Kennelly, Robert G. Sheller and Morris L. Wolf for Consolidated Telegraph and Electrical Subway Co., appellant-respondent.

Charles H. Tenney, Corporation Counsel (Fred Iscol and Seymour B. Quel of counsel), for City of New York, appellant-respondent.

Moe Levine and Max Shamis for respondents.

Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, BURKE and FOSTER concur.

VAN VOORHIS, J.

The injured plaintiff tripped on a cobblestone in the pavement of the crosswalk on Third Avenue at the intersection of East Tremont Avenue in The Bronx. It had got out of place after the crosswalk had been temporarily repaired following an excavation job but before the paving stones had been cemented in final position. The record contains evidence upholding plaintiffs' recoveries against the City...

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