DENNING v. CITY OF POUGHKEEPSIE


172 A.D.2d 979 (1991)

Theresa A. Denning, Respondent, v. City of Poughkeepsie, Appellant

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

April 11, 1991


Weiss, J.

The complaint in this action to recover damages for personal injuries alleges that on January 24, 1986 while crossing Market Street in front of lot No. 50 in the City of Poughkeepsie, Dutchess County, plaintiff tripped on a broken, uneven excavation patch and fell. Defendant moved for summary judgment dismissing the complaint on the ground that prior written notice of the alleged defective condition...

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