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FIELD v. CITY OF NEW YORK

302 A.D.2d 223 (2003)

753 N.Y.S.2d 719

RENA FIELD, Respondent-Appellant, v. CITY OF NEW YORK et al., Defendants, EMPIRE CITY SUBWAY CO., LTD., Respondent, and IMPULSE/F&V, INC., Appellant.

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

Decided February 6, 2003.

Plaintiff allegedly was injured when she stepped into a hole in the street and fell to the ground. The motion court erred in granting summary judgment to Empire because Empire did not conclusively establish that it did not create the hole which caused plaintiff's fall (see Migdol v City of New York, 291 A.D.2d 201). Moreover, based on the testimony of the parties, the photographs of the subject hole which were identified by plaintiff...

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