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FLYNN v. CITY OF NEW YORK

2010-05545.

84 A.D.3d 1018 (2011)

923 N.Y.S.2d 635

PATRICK J. FLYNN et al., Appellants, v. CITY OF NEW YORK, Defendant, and HANUS SIMONE, as Executor of RADU NEAGOE, Respondent.

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

Decided May 17, 2011.

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

The plaintiff Patrick Flynn, a firefighter, while responding to a call, located a fire hydrant in the sidewalk abutting the premises owned by the estate of Radu Neagoe (hereinafter the Estate). As he was testing the hydrant, Flynn stepped into a three-to-four-inch deep indentation in the sidewalk. Inside the indentation was a gate box containing the fire hydrant's valve. The...

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