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LIPPEL v. CITY OF NEW YORK

281 A.D.2d 327 (2001)

722 N.Y.S.2d 511

IRA J. LIPPEL et al., Appellants, v. CITY OF NEW YORK, Respondent.

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

Decided March 27, 2001.

In this personal injury action against the City of New York arising out of an August 31, 1993 trip and fall in a crosswalk at 34th Street and Fifth Avenue, allegedly due to a depression in the roadbed, caused, according to plaintiff, by the City's negligent repair of a pothole, the jury, finding that the City had indeed repaired the pothole but that it had not done so negligently, returned a verdict in the City's favor.

At the trial, plaintiff described the depression...

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