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MADRID v. CITY OF NEW YORK

42 N.Y.2d 1039 (1977)

Isabel Madrid, Appellant, v. City of New York et al., Respondents.

Court of Appeals of the State of New York.

Decided October 6, 1977.

Attorney(s) appearing for the Case

Bernard Meyerson and Elliott A. Roberts, P. C., for appellant.

W. Bernard Richland, Corporation Counsel (Irving Cohen and L. Kevin Sheridan of counsel), for respondents.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

The facts presented in this record, assessed in the light most favorable to the plaintiff (see Sagorsky v Malyon, 307 N.Y. 584, 586), fail to reveal any evidence of notice, either actual or constructive, necessary to cast respondents in damages (e.g., Silva v American Irving Sav. Bank, 31 A.D.2d 620, affd

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