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MacDONALD v. SCHENECTADY

308 A.D.2d 125 (2003)

761 N.Y.S.2d 752

ELIZABETH A. MacDONALD, Appellant, v. CITY OF SCHENECTADY et al., Respondents.

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

July 10, 2003.

Attorney(s) appearing for the Case

Harding Law Firm, Glenville (Charles R. Harding of counsel), for appellant.

Friedman, Hirschen, Miller, Coughlin & Campito P.C., Schenectady (Lynn M. Blake of counsel), for City of Schenectady, respondent.

Boeggeman, George, Hodges & Corde, Albany (M. Randolph Belkin of counsel), for Rose Nejman, respondent.

CARDONA, P.J., PETERS, CARPINELLO and LAHTINEN, JJ., concur.

OPINION OF THE COURT

SPAIN, J.

Plaintiff commenced this action to recover for injuries allegedly sustained when she tripped on a crack in a sidewalk located outside premises owned by defendant Rose Nejman in the City of Schenectady, Schenectady County. The complaint alleges that defendants failed to "properly inspect, repair and maintain" the damaged sidewalk. The record reveals that the sidewalk had been in need...

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