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POLITOPOULOS v. CITY OF NEW YORK

2013-07855, 2014-06841

130 A.D.3d 706 (2015)

11 N.Y.S.3d 861

2015 NY Slip Op 05926

KOSTA POLITOPOULOS et al., Appellants, v. CITY OF NEW YORK, Respondent.

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

Decided July 8, 2015.

Ordered that the judgment is affirmed; and it is further,

Ordered that the order is affirmed; and it is further,

Ordered that one bill of costs is awarded to the defendant.

The plaintiff Kosta Politopoulos (hereinafter the injured plaintiff) allegedly was injured when she tripped and fell over an alleged defect in a curb. At a trial on the issue of liability, the jury determined that the defendant did not have prior written

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