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O'BRIEN v. CITY OF SCHENECTADY

26 A.D.3d 655 (2006)

809 N.Y.S.2d 294

BARBARA A. O'BRIEN et al., Appellants, v. CITY OF SCHENECTADY, Respondent.

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

February 16, 2006.

MERCURE, J.

Plaintiff Barbara A. O'Brien suffered injuries in August 1998, when she stepped into a hole in the ground, three to five feet deep, while walking through Central Park in the City of Schenectady, Schenectady County. Thereafter, plaintiffs commenced this personal injury action, alleging that defendant had caused the dangerous condition in its park and had actual and constructive knowledge of the condition. Specifically, plaintiffs claim that at some point...

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