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PAGILLO v. CITY OF ONEONTA

25 A.D.3d 1044 (2006)

807 N.Y.S.2d 489

MICHAEL PAGILLO, Individually and as Administrator of the Estate of SUE PAGILLO, Deceased, Respondent, v. CITY OF ONEONTA, Appellant.

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

January 26, 2006.

ROSE, J.

Sue Pagillo* and plaintiff, her husband, brought this action to recover damages for injuries she allegedly sustained in June 2002 when she fell after stepping into a depression containing loose gravel and water on a public sidewalk in the City of Oneonta, Otsego County. Defendant moved for summary judgment on the ground that, among other things, it had not received prior written notice of the allegedly dangerous condition of the...

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