According to plaintiffs' notice of claim, which was timely served upon defendant City of New York on January 4, 1989, as well as the summons and complaint, served on February 15, 1989, plaintiff Shirley Konsker was injured, allegedly due to the negligence of the city, when she fell on a metal plate on the roadway near the intersection of 46th Street and 6th Avenue in Manhattan, on October 27, 1988. Some five months after commencing the action plaintiffs realized that both...
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