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SHECHTER v. CITY OF NEW YORK

17 A.D.3d 124 (2005)

792 N.Y.S.2d 437

ROBERTA ANN SHECHTER et al., Appellants, v. CITY OF NEW YORK et al., Defendants, and EMPIRE CITY SUBWAY COMPANY et al., Respondents. (And Other Actions.)

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

April 5, 2005.

An issue of fact exists as to whether Petrocelli created the hole in the street that allegedly caused plaintiff's fall (see Field v City of New York, 302 A.D.2d 223 [2003]). Petrocelli places undue reliance on plaintiff's deposition testimony that she took four or five steps from the curb before falling, to argue that she had walked four or five feet into the crosswalk, when the documentary evidence shows that the street excavation...

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