CRUZ v. CITY OF NEW YORK


95 A.D.2d 790 (1983)

Esther M. Cruz et al., Appellants, v. City of New York et al., Respondents

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

June 13, 1983


Order reversed, without costs or disbursements, cross motion denied and motion granted.

The instant action was commenced to recover damages, inter alia, for personal injuries received by the female plaintiff as a result of a fall which occurred on February 10, 1978. On April 12, 1978 the plaintiffs served a timely notice of claim on the defendant City of New York alleging as follows: "The accident occurred on February 10, 1978 at approximately 7:30 A.M. on...

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