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EPPENSTEIN v. TOWN OF GREENBURGH

228 A.D.2d 771 (1996)

643 N.Y.S.2d 711

Theodore G. Eppenstein, Appellant, v. Town of Greenburgh, Respondent

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

June 6, 1996

Mercure, J. P.

Plaintiff sustained the injuries forming the basis for this action in September 1990, when the front wheel of his bicycle became entrapped within an approximately three-inch wide and three-inch deep gap that extended along the centerline and between the two concrete driving lanes of Pipeline Road in the Town of Greenburgh, Westchester County. In the absence of any claim of compliance with defendant...

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