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CONCEPCION GARCIA-MENOCAL v. CITY OF NEW YORK

157 A.D.2d 560 (1990)

Concepcion Garcia-Menocal et al, Appellants, v. City of New York et al., Respondents. (And a Third-Party Action.)

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

January 23, 1990

In this personal injury action involving a pedestrian's sidewalk fall, the notice filed pursuant to General Municipal Law § 50-e admittedly described the accident site as in front of 225 Seventh Avenue, Manhattan, although the accident actually occurred at 362 Seventh Avenue, approximately seven blocks away. The complaint served by the plaintiffs was similarly erroneous. The defendant city was undoubtedly prejudiced by the mistake. It made a thorough investigation of...

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