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HARPER v. CITY OF NEW YORK

129 A.D.2d 770 (1987)

Nettie Harper, Appellant, v. City of New York, Respondent

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

April 27, 1987

Ordered that the order is affirmed, with costs.

By notice of claim served in September 1979 the plaintiff alleged that she sustained personal injuries when she was "caused to fall on a broken, irregular hole in the street" at Crown Street and New York Avenue. On a "Claim Information Sheet" from the Comptroller, the plaintiff indicated "no" to a question which asked if the defect was "next to manhole" and declined to pinpoint the location of the alleged defect on an...

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