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WEINBERG v. CITY OF NEW YORK

2011-03572.

96 A.D.3d 736 (2012)

945 N.Y.S.2d 758

2012 NY Slip Op 4333

GRACE E. WEINBERG et al., Appellants, v. CITY OF NEW YORK et al., Respondents.

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

June 6, 2012.

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

The plaintiff Grace E. Weinberg (hereinafter the injured plaintiff) allegedly was injured when she fell in a sink hole in the southbound travel lane of 67th Avenue in Queens. The injured plaintiff, and her husband, suing derivatively, commenced this action to recover damages against the defendants City of New York, Consolidated Edison Company (hereinafter Con Ed), Tri-Messine Construction...

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