RHODES v. CITY OF TROY


24 A.D.2d 1037 (1965)

Kenneth Rhodes et al., Appellants, v. City of Troy, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 20, 1965


HERLIHY, J. P.

The accident occurred on December 21, 1959 when the plaintiff walking in the street — there were no sidewalks — fell to the ground when her foot was caught in a hole in the pavement. There was testimony that on the day of the accident the street was full of holes and ruts. While the plaintiff never gave notice of the condition of the street to the city, it does appear that a city alderman in April, 1959, wrote to the Commissioner...

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