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BURGARELLA v. CITY OF NEW YORK

265 A.D.2d 361 (1999)

697 N.Y.S.2d 68

FRANCES BURGARELLA et al., Respondents, v. CITY OF NEW YORK, Defendant, and NEW YORK CITY TRANSIT AUTHORITY, Appellant.

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

Decided October 12, 1999.

Ordered that the order is affirmed, with costs.

The plaintiff Frances Burgarella was allegedly injured when she tripped and fell on a sidewalk near the entrance to a subway station. She thereafter served a timely notice of claim on the defendant New York City Transit Authority (hereinafter Transit Authority) (see, General Municipal Law § 50-e; Public Authorities Law § 1212). However, the complaint also...

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