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McQUADE v. CITY OF POUGHKEEPSIE

245 A.D.2d 552 (1997)

666 N.Y.S.2d 505

Louise K. Mcquade et al., Appellants, v. City of Poughkeepsie, Respondent

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

December 29, 1997

Ordered that the order is affirmed, with costs.

"After examination of the facts presented, including the width, depth, elevation, irregularity and appearance of the defect along with the `time, place and circumstance' of the injury (Caldwell v Village of Is. Park, 304 N.Y. 268, 274)" (Trincere v County of Suffolk, 90 N.Y.2d 976, 978), we agree with the Supreme Court's determination that...

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