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SCHWARTZ v. TURKEN

115 Misc.2d 829 (1982)

Bettina Schwartz et al., Plaintiffs, v. Hyman Turken et al., as Trustees, Defendants. Hyman Turken, as Trustee of Hyman Turken & Associates Profitsharing Trust and Pension Trust, Third-Party Plaintiff, v. City of New York, Third-Party Defendant.

Supreme Court, Special Term, Kings County.

October 1, 1982

Attorney(s) appearing for the Case

Howard B. Schnitzer for plaintiffs. Steven D. Zerin for defendants and third-party plaintiff. Elliott J. Mermelstein for third-party defendant.

CHARLES H. COHEN, J.

THE QUESTIONS

I. Does the "pothole law" of the City of New York apply to a claim asserted against the city in a third-party action?

II. Who has the burden of pleading that any written notice required by the "pothole law" was, or was not, given?

THE FACTS

On September 16, 1980, plaintiff Bettina Schwartz fell on a sidewalk outside certain premises owned by defendants located in the City of New York...

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