STAPLETON v. CITY OF TROY


144 A.D.2d 781 (1988)

Joan F. Stapleton et al., Respondents, v. City of Troy, Appellant

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

November 10, 1988


Mikoll, J.

While walking on a public sidewalk in defendant, City of Troy, Rensselaer County, plaintiff Joan F. Stapleton (hereinafter plaintiff) allegedly fell and fractured her left ankle. It is conceded, for the purposes of defendant's motion for summary judgment, that plaintiff fell when she stepped into a depression between a stone slab covering a catch basin and the corner of an abutting flagstone. The allegations of the complaint state that the...

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