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FLYNN v. CITY OF NEW YORK

103 A.D.2d 98 (1984)

Derotha Flynn, Respondent, v. City of New York, Appellant

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

August 6, 1984

Attorney(s) appearing for the Case

Frederick A. O. Schwarz, Jr., Corporation Counsel (Alfred Weinstein, Bernard Abel and Michael Gage of counsel), for appellant.

Schneider, Kleinick & Weitz, P. C. (Brian J. Shoot and Sheridan Albert of counsel), for respondent.

TITONE, J. P., GIBBONS and RUBIN, JJ., concur.

BRACKEN, J.

Plaintiff commenced this action to recover for injuries allegedly sustained when he fell into a hole in a sidewalk maintained by defendant City of New York. The action was tried without a jury.

Plaintiff testified at trial that on July 5, 1977, the date of the accident, he resided at 1634 Sterling Place, Brooklyn. He had lived in an apartment at this address for approximately 12 years and...

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