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KAPLAN v. CITY OF NEW YORK

237 A.D.2d 129 (1997)

655 N.Y.S.2d 349

Peter B. Kaplan et al., Respondents, v. City of New York et al., Defendants, Harris Watermain & Sewer Contractors, Inc., et al., Respondents, and F.W. Woolworth & Co., Inc., Appellant

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

March 6, 1997

Issues of fact exist as to whether defendant discharged grease into the building's sewer system thereby causing an obstruction that caused an overflow of waste water through the fresh air vent onto the sidewalk that, upon freezing, caused plaintiff's fall. Defendant's claims of lack of notice of the condition and of the inapplicability of the recurrent condition theory are improperly raised for the first time on appeal; in any event...

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