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ROONEY v. CITY OF LONG BEACH

42 A.D.2d 34 (1973)

Elizabeth Rooney et al., Respondents-Appellants, v. City of Long Beach et al., Appellants, and Henry LeClair et al., Respondents

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

June 18, 1973.

Attorney(s) appearing for the Case

David J. Weinblatt, Corporation Counsel (Azreal A. Alpern of counsel), for City of Long Beach, appellant.

Reid & Alio (John F. Mulholland and Michael J. Roe of counsel), for Bertha Rosenfeld, appellant.

Lawrence R. Wild (Bernard Meyerson of counsel), for respondents-appellants.

Wynne, Sparacio, Capriano & Trentalange (Kurt Dinkelmeyer of counsel), for Henry LeClair and others, respondents.

LATHAM, Acting P. J., SHAPIRO, CHRIST and BRENNAN, JJ., concur.

GULOTTA, J.

The female plaintiff was injured on July 6, 1967 when she fell on a sidewalk in the City of Long Beach, New York. She sued to recover damages for the personal injuries sustained by her in the fall and her husband sued to recover for loss of consortium and medical expenses. There is no question that the cause of the fall was a curb stop (another name for a water shutoff valve) which protruded about...

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