BROOKS v. CITY OF BINGHAMTON


55 A.D.2d 482 (1977)

Robert S. Brooks, Respondent, v. City of Binghamton, Appellant, et al., Defendants

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

January 27, 1977


Attorney(s) appearing for the Case

Patrick J. Raymond (Robert W. Kennedy of counsel), for appellant.

Singer & Singer (Robert M. Larkin of counsel), for respondent.

KOREMAN, P. J., KANE and MAIN, JJ., concur; GREENBLOTT, J., not taking part.


HERLIHY, J.

On April 12, 1971 the plaintiff allegedly was caused to fall by an open sidewalk crack which had existed in such condition since at least December 9, 1965. This alleged defect was located about 15 feet westerly of another alleged defective portion of the sidewalk for which a Jeanette Cook had made claim against the defendant city by a notice of claim dated March 8, 1966 and by a complaint dated January

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