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SHIEBLER v. CITY OF NEW YORK

208 A.D.2d 709 (1994)

617 N.Y.S.2d 497

Catherine Shiebler, Appellant, v. City of New York, Respondent, et al., Defendants

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

October 17, 1994

Ordered that the judgment is reversed, on the law, the motion is denied, the complaint is reinstated, and a new trial is granted, with costs to abide the event.

The plaintiff was injured on April 4, 1984, when she fell on the sidewalk in front of 2182 Clove Road in Staten Island. Testimony adduced by the plaintiff, including that from a non-party eyewitness, indicated that the accident occurred at a point where the cement portion of the sidewalk ended and a

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