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KIERNAN v. THOMPSON

73 N.Y.2d 840 (1988)

William J. Kiernan et al., Respondents, v. Gloria Thompson, Defendant, and City of Ithaca, Appellant.

Court of Appeals of the State of New York.

Decided December 22, 1988.

Attorney(s) appearing for the Case

John L. Perticone for appellant.

Robert C. Mulvey and Richard I. Mulvey for respondents.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs, and the certified question answered in the negative.

The Appellate Division correctly denied the City's motion for summary judgment and granted plaintiff's cross motion to amend the complaint to add the uncontested factual allegation that the City removed a tree stump in 1982, thereby creating the broken and defective condition of the...

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