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MACK v. CITY OF NEW YORK

265 A.D.2d 308 (1999)

696 N.Y.S.2d 206

YVETTE MACK et al., Appellants, v. CITY OF NEW YORK et al., Respondents.

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

Decided October 4, 1999.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiffs' decedent, Roosevelt Mack, drowned on August 8, 1996, in Coney Island Creek near a public school. On December 5, 1996, the plaintiffs served a notice of claim on the City of New York, the New York City Board of Education and the New York City Department of Parks and Recreation (hereinafter referred to collectively as the City) alleging conscious pain and suffering and wrongful...

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