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BERTRAN v. BROWN

260 A.D.2d 189 (1999)

688 N.Y.S.2d 42

AIDA BERTRAN, Individually and as Parent and Natural Guardian of JORDAN BERTRAN, an Infant, Appellant, v. AARON BROWN et al., Defendants, and CITY OF NEW YORK Respondent.

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

Decided April 8, 1999.

The IAS Court improperly resolved the issue of the City's negligence for failing to cap the fire hydrant near which the infant plaintiff was playing when he was struck by an automobile driven by the codefendant. An issue of fact is raised as to proximate cause by the codefendant's statements that the spray from the hydrant obstructed his view. An issue of fact is raised as to notice by evidence that in the three and a half years...

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