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MALOID v. NEW YORK STATE ELECTRIC AND GAS CORPORATION

257 A.D.2d 712 (1999)

682 N.Y.S.2d 734

DONNA E. MALOID, Appellant, v. NEW YORK STATE ELECTRIC AND GAS CORPORATION, Respondent, et al., Defendants.

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

Decided January 7, 1999.

Mercure, J.

On May 9, 1994, plaintiff fell and fractured her wrist while walking on a sidewalk in the City of Elmira, Chemung County. The theory underlying this negligence action is that plaintiff lost her balance due to an unspecified rift and a ½ to ¾-inch height differential between the sidewalk and a steel grate embedded therein, allegedly constituting a dangerous condition. The steel grate, installed and...

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