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SVARTZ v. TOWN OF FALLSBURG

241 A.D.2d 799 (1997)

661 N.Y.S.2d 87

Olivia Svartz, Appellant, v. Town of Fallsburg, Respondent, et al., Defendants

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

July 24, 1997

White, J. P.

Plaintiff's complaint, supplemented by her bill of particulars, alleges that she sustained personal injuries on November 18, 1993 when she fell as the result of having stepped into a pothole located in Woodland Townhouse Road (hereinafter the Road) within 500 feet of Karmel Road in the Town of Fallsburg, Sullivan County. After issue was joined, defendant Town of Fallsburg moved for summary judgment on the ground that it had not received prior...

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