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MAYFIELD v. CITY OF NEW YORK

257 A.D.2d 483 (1999)

682 N.Y.S.2d 848

KIMBERLY MAYFIELD et al., Appellants, v. CITY OF NEW YORK et al., Defendants, and MIGOYA CONSTRUCTION CORPORATION, Also Known as MIGOYA CONST. CORP., Respondent. (And Other Actions.)

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

Decided January 21, 1999.

There is no genuine issue of fact with respect to the conclusion that plaintiff Kimberly Mayfield's negligence was the sole cause of the accident that caused her injuries. However, even if a pothole had caused the accident, defendant Migoya would not be liable, as a matter of law, because it had not yet begun work in the area of the accident when it occurred (see, Hirsch v Schwartz & Cohn, 256...

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