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KELLY v. CITY OF NEW YORK

172 A.D.2d 350 (1991)

Frank Kelly, an Infant, by His Mother and Natural Guardian, Frances Kelly, et al., Appellants-Respondents, v. City of New York, Respondent-Appellant, and Landsite Contracting Corp., Respondent

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

April 23, 1991

This lawsuit arises out of a fall sustained by plaintiff Frank Kelly, then a high school student, on October 6, 1982 on a sidewalk at the corner of Pelham Parkway North and Bronxwood Avenue in the Bronx, resulting in a fracture of his right ankle. In his complaint, plaintiff alleged, in part, that defendant City of New York had either negligently repaired the sidewalk section in question, affirmatively created a hazardous condition...

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