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RIVERA v. CITY OF NEW YORK

107 A.D.2d 331 (1985)

Guillermo Rivera, Respondent, et al., Plaintiff, v. City of New York, Appellant

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

March 26, 1985

Attorney(s) appearing for the Case

Noreen M. Giusti of counsel (Larry A. Sonnenshein with her on the brief; Frederick A. O. Schwarz, Jr., Corporation Counsel, attorney), for appellant.

Seymour Armstrong of counsel (Lawrence M. Rosenberg and Herbert M. Horowitz, P. C., attorneys), for respondent.

SANDLER, J. P., ASCH and MILONAS, JJ., concur with FEIN, J.; LYNCH, J., dissents in an opinion.

FEIN, J.

On July 22, 1978, plaintiff Guillermo Rivera, then age 34, fell in a hole in the sidewalk in The Bronx, striking his right knee on the pavement. On the following morning, his knee was X-rayed in the emergency room at Lincoln Medical Center. The hospital record indicates he was then limping on his right leg and the knee was tender and swollen. The knee was bandaged, and plaintiff was given medication, furnished with crutches and instructed to...

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