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MILES v. JENNINGS & HATWELL

115 Misc.2d 23 (1982)

James Miles, Plaintiff, v. Jennings & Hatwell Oil Co. et al., Defendants.

Supreme Court, Special Term, Queens County.

July 28, 1982

Attorney(s) appearing for the Case

Frederick A. O. Schwarz, Jr., Corporation Counsel, for City of New York, defendant. Nigro, D'Anna & Utrecht, P. C., for plaintiff.

SIDNEY LEVISS, J.

In this action to recover for injuries allegedly sustained by plaintiff when he slipped on a patch of ice defendant City of New York moves pursuant to CPLR 3211 (subd [a], par 7) to dismiss the complaint or in the alternative pursuant to CPLR 3212 for summary judgment.

The movant contends that compliance with subdivision d of section 394a-1.0 of the Administrative Code of the City of New York (commonly referred to as The Pothole...

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