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BOICE v. CITY OF KINGSTON

60 A.D.3d 1140 (2009)

874 N.Y.S.2d 319

MARY BOICE et al., Appellants, v. CITY OF KINGSTON, Respondent.

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

Decided March 5, 2009.

PETERS, J.

Plaintiff Mary Boice (hereinafter plaintiff) tripped and fell when she stepped in a rut on a public street in the City of Kingston, Ulster County. Thereafter, she and her husband, derivatively, commenced this action seeking recovery for personal injuries. Following joinder of issue and discovery, defendant moved for summary judgment dismissing the complaint on the ground that it did not receive prior written...

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