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  5. 75 N.Y.2d 899 (1990)
 

MATTER OF CALLAHAN v. CITY OF NEW YORK

75 N.Y.2d 899 (1990)

In the Matter of John J. Callahan et al., Appellants, v. City of New York, Respondent.

Court of Appeals of the State of New York.

Decided March 29, 1990.

Attorney(s) appearing for the Case

Stephen C. Glasser for appellants.

Victor A. Kovner, Corporation Counsel (Timothy J. O'Shaughnessy of counsel), for respondent.

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 reversed, with costs, and petitioners' application reinstated.

On November 17, 1986, John Callahan, a New York City firefighter, was injured when he stepped through an uncovered catch-basin of a city sewer after alighting from a fire truck. Initially, Callahan's physician diagnosed a sprained ankle. After expiration of the 90-day period to file a notice of...

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