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FOLEY v. CITY OF NEW YORK

3416. 114390/08.

151 A.D.3d 431 (2017)

2017 NY Slip Op 04389

57 N.Y.S.3d 464

JANICE FOLEY, Appellant, v. CITY OF NEW YORK, Respondent.

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

Decided June 6, 2017.

"Although `[t]he awareness of one defect in the area is insufficient to constitute notice of a different particular defect which caused the accident,' where there are factual issues as to the precise location of the defect that caused a plaintiff's fall and whether the defect is designated on the map, the question should be resolved by the jury" (Reyes v City of New York, 63 A.D.3d 615, 615 [1st Dept 2009], lv denied

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