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OLDHAM v. CITY OF NEW YORK

4966, 150578/13.

155 A.D.3d 477 (2017)

65 N.Y.S.3d 504

2017 NY Slip Op 08087

BARBARA OLDHAM et al., Appellants, v. CITY OF NEW YORK et al., Defendants, and WATERWORKS A JOINT VENTURE et al., Respondents.

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

Decided November 16, 2017.

Respondents failed to establish entitlement to judgment as a matter of law in this action for personal injuries sustained when plaintiff Barbara Oldham tripped and fell in a pothole in the road. The affidavit submitted by respondents' field engineer was insufficient since no facts were set forth by her to indicate that she possessed personal knowledge of the specific road construction work at issue (see JMD Holding Corp. v Congress Fin. Corp., 4 N...

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