COTCH v. CITY OF ALBANY


37 A.D.3d 1012 (2007)

829 N.Y.S.2d 762

STEVEN M. COTCH, Appellant, v. CITY OF ALBANY, Respondent.

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

Decided February 22, 2007.


Mercure, J.

Plaintiff sustained a fractured ankle when he stepped into a hole in defendant's sidewalk that had previously contained a tree and a protective iron grate covering. Thereafter, plaintiff commenced this personal injury action alleging that defendant negligently created a dangerous and defective condition, thereby causing his injury. Following joinder of issue, defendant moved for summary judgment, asserting that it had not received prior written notice...

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