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VNUK v. CITY OF ALBANY

529951.

191 A.D.3d 1056 (2021)

142 N.Y.S.3d 115

2021 NY Slip Op 00600

Donna M. Vnuk et al., Respondents, v. City of Albany, Appellant, et al., Defendant.

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

Decided February 4, 2021.

Attorney(s) appearing for the Case

Marisa Franchini , Corporation Counsel, Albany ( Robert G. Magee of counsel), for appellant.

DeGraff Foy & Kunz, LLP, Albany ( George J. Szary of counsel) and Law Office of Daniel L. Doherty ( Daniel L. Doherty of counsel), for respondents.

Clark, J.P., Aarons and Reynolds Fitzgerald, JJ., concur.

Plaintiff Donna M. Vnuk and her spouse, derivatively, commenced this personal injury action against defendants alleging that, as Vnuk was walking to work one morning in March 2016, she tripped and fell over the footing of a traffic pole and signal (hereinafter the traffic signal) that remained and protruded from the sidewalk after...

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