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BRUGMAN v. CITY OF NEW YORK

102 A.D.2d 413 (1984)

Dennis Brugman et al., Appellants, v. City of New York et al., Respondents

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

June 28, 1984

Attorney(s) appearing for the Case

Herbert Stutman of counsel (Barton & Zasky, attorneys), for appellants.

Lester E. Fetell of counsel (Peter I. Hoppenfeld with him on the brief; Fetell & Coen, P. C., attorneys), for New York City Housing Authority, respondent.

CARRO and BLOOM, JJ., concur with FEIN, J.; MURPHY, P. J., and SILVERMAN, J., dissent in an opinion by SILVERMAN, J.

FEIN, J.

Plaintiff Dennis Brugman, a sanitation man for the City of New York, sues to recover damages for injuries allegedly sustained on August 30, 1979. He claims that in the course of his employment he tripped and fell over a tree stump or pole which defendant had caused or allowed to exist on a public sidewalk. During the pendency of this action, plaintiff applied for New York City Employees Retirement ...

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