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GALLERY v. CITY OF NY

182 Misc.2d 555 (1999)

699 N.Y.S.2d 266

CATHERINE GALLERY, Plaintiff, v. CITY OF NEW YORK, Defendant.

Supreme Court, New York County.

November 10, 1999.

Attorney(s) appearing for the Case

Michael D. Hess, Corporation Counsel of New York City (Richard Freire of counsel), for defendant.

Hershman & Leicher, P. C., New York City (Harold Hershman of counsel), for plaintiff.

OPINION OF THE COURT

RICHARD F. BRAUN, J.

In this personal injury action, plaintiff sued defendant for negligence. Plaintiff tripped and fell on December 3, 1997 when crossing the easterly crosswalk at the intersection of Third Avenue and East 59th Street in Manhattan. Her accident was caused by a pothole located in that crosswalk. Due to the fall, she fractured her left proximal humerus. This action was tried...

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