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WIMBISH v. GREEN

191 A.D.2d 491 (1993)

595 N.Y.S.2d 65

Hattie Wimbish et al., Appellants, v. Richard G. Green, Defendant, and 21 Third Avenue Associates, Respondent

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

March 8, 1993

Ordered that the order is affirmed, with costs.

On May 19, 1987, the plaintiff Hattie Wimbish was injured when she fell on a public sidewalk located on Third Avenue in Bayshore, New York. On or about November 22, 1988, the plaintiffs commenced this action against the defendants Richard Green M. D., P. C., and a partnership known as 21 Third Avenue Associates. The complaint alleged that the sidewalk was caused to buckle and become defective as a result of the roots...

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