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DESTEFANO v. CITY OF NEW YORK

41 A.D.3d 528 (2007)

838 N.Y.S.2d 599

DOMINIC DESTEFANO, Appellant, v. CITY OF NEW YORK, Respondent, et al., Defendant.

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

Decided June 12, 2007.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff allegedly was injured when he slipped and fell on an icy area of the public sidewalk of 27th Avenue in Brooklyn, which abuts a ballpark that is part of Lafayette High School. Although the notice of claim served upon the defendant City of New York stated that the plaintiff's accident occurred at approximately 8:00 P.M. on February 3, 2000, according to the plaintiff's General Municipal...

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