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KIERNAN v. THOMPSON

134 A.D.2d 27 (1987)

William J. Kiernan et al., Appellants, v. Gloria Thompson, Defendant, and City of Ithaca, Respondent

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

December 23, 1987

Attorney(s) appearing for the Case

Mulvey Law Firm (Elaine L. Quick of counsel), for appellants.

Levene, Gouldin & Thompson (John L. Perticone of counsel), for respondent.

KANE, J. P., CASEY, WEISS and HARVEY, JJ., concur.

MIKOLL, J.

Plaintiff Theresa Kiernan (hereinafter plaintiff) allegedly fell due to a defective sidewalk at 319 South Albany Street in the City of Ithaca, Tompkins County, on April 29, 1985. Plaintiffs served a notice of claim dated May 20, 1985 against defendant City of Ithaca and thereafter instituted suit. A complaint served on July 15, 1985 alleged, inter alia, that plaintiff's injuries were caused...

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