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GIBBONS v. CITY OF NEW YORK

200 Misc. 699 (1951)

Anne Gibbons, Plaintiff, v. City of New York, Defendant.

Municipal Court of the City of New York, Borough of Queens.

October 9, 1951.

Attorney(s) appearing for the Case

Denis M. Hurley, Corporation Counsel (Alfred A. Duffy of counsel), for defendant.

Daniel Weiss for plaintiff.

FITZPATRICK, J.

Under the authority of Osterhout v. Town of Bethlehem (55 App. Div. 198) the court will hold as a matter of law that knowledge in this case will mean the existence of the defect for a substantial period of time during which in the exercise of due care the city could have obtained the necessary knowledge. The only question remaining is whether they can infer such a sufficient period of time...

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