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SHUFELDT v. CITY OF NEW YORK

1362.

67 A.D.3d 429 (2009)

889 N.Y.S.2d 546

2009 NY Slip Op 07944

JOHN SHUFELDT et al., Appellants, v. CITY OF NEW YORK, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided November 5, 2009.

Plaintiff John Shufeldt was injured in a single-car accident in March 1982. Plaintiff served a notice of claim in April 1982 and alleged that he was injured when he drove his vehicle "over severely broken pavement...into a hole," causing his car to go out of control. A hearing was conducted pursuant to General Municipal Law § 50-h in February 1983, where plaintiff testified that there had been construction in the vicinity of his accident, and that he had seen "repaired...

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