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HUBBARD v. CITY OF NEW YORK

2010-01507.

84 A.D.3d 1313 (2011)

924 N.Y.S.2d 533

MARGARET HUBBARD, Respondent, v. CITY OF NEW YORK, Appellant.

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

Decided May 31, 2011.

Ordered that the judgment is reversed, on the law, with costs, the defendant's motion pursuant to CPLR 4401 for a judgment as a matter of law is granted, and the complaint is dismissed.

The plaintiff, Margaret Hubbard, commenced this action against the City of New York (hereinafter the City) as a result of an alleged trip-and-fall over a downed lamppost that was lying in the gutter of a street and had not been visible to...

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