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ZUCKERMAN v. CITY OF N.Y.

66 A.D.2d 248 (1979)

Muriel Zuckerman, Plaintiff, v. City of New York et al., Respondents; New York City Transit Authority, Appellant, et al., Defendant

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

February 15, 1979

Attorney(s) appearing for the Case

Kenneth J. Chertoff of counsel (John A. Murray with him on the briefs; Alphonse E. D'Ambrose, attorney), for appellant.

Bernard Abel of counsel (Kevin Sheridan with him of the brief; Allen G. Schwartz, Corporation Counsel), for City of New York, respondent.

Nathan Cyperstein of counsel (Alvin P. Bluthman with him on the brief; Gantman, Cyperstein & Peckman, attorneys), for Royfost Co., Inc., respondent.

LUPIANO and FEIN, JJ., concur with SANDLER, J., in separate opinions; MURPHY, P. J., and SULLIVAN, J., dissent in an opinion by MURPHY, P. J.

SANDLER, J.

This is a negligence action to recover damages for injuries allegedly sustained by plaintiff when she fell on the sidewalk at or near a bus stop at the intersection of Third Avenue and 34th Street. As detailed in the plaintiff's bill of particulars, she tripped and fell in a break in the sidewalk described as 10 feet long, 6 inches wide, and 6 inches deep. The theory of liability advanced is that...

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