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ELMY v. CITY OF AMSTERDAM

25 A.D.3d 1038 (2006)

807 N.Y.S.2d 490

JUDITH ELMY, Appellant, v. CITY OF AMSTERDAM et al., Respondents.

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

January 26, 2006.

MUGGLIN, J.

Plaintiff tripped and fell while jogging on a portion of a sidewalk that fronts property owned by defendants Steven Serge and Torina Serge in the City of Amsterdam, Montgomery County. Following disclosure, defendant City of Amsterdam and the Serges made separate motions for summary judgment dismissing the complaint. Supreme Court concluded that the City had a valid prior written notice statute in effect and that plaintiff failed to show compliance with...

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