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FRIEDMAN v. CITY OF NEW YORK

25 N.Y.2d 764 (1969)

Ray Friedman, Appellant, v. City of New York et al., Respondents.

Court of Appeals of the State of New York.

Decided June 4, 1969.

Attorney(s) appearing for the Case

Bernard Meyerson and Samuel F. Gold for appellant.

William F. McNulty and Daniel J. Coughlin for Mac Asphalt Construction Corp., respondent.

J. Lee Rankin, Corporation Counsel (Stanley Buchsbaum and Bernard Burstein of counsel), for City of New York, respondent.

Judges BURKE, BERGAN, BREITEL and JASEN concur; Chief Judge FULD and Judge SCILEPPI dissent and vote to affirm.

MEMORANDUM.

The plaintiff, a 72-year-old woman, was injured when she attempted to step across a hole in the sidewalk on the inside of the curb edge at a crosswalk. The hole, about a foot and a half wide and three or four inches deep, was the result of defendant's work in repaving a seven-block area in Brooklyn and the defendant had failed to place any warning signs around the hole and had failed to place any covering over...

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