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DALTON v. CITY OF SARATOGA SPRINGS

12 A.D.3d 899 (2004)

784 N.Y.S.2d 702

PETER P. DALTON et al., Appellants, v. CITY OF SARATOGA SPRINGS, Respondent.

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

November 18, 2004.

Crew III, J.P.

On December 31, 2001, while en route to a First Night celebration in the City of Saratoga Springs, Saratoga County, plaintiff Peter P. Dalton tripped and fell on a cracked portion of the public sidewalk located between Congress Park and Broadway near Spring Street. Dalton was transported to a local hospital and thereafter underwent surgery and physical therapy for a fractured kneecap. Dalton and his spouse timely filed a notice of claim and subsequently...

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