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CONNELL v. CITY OF N. Y.

102 Misc.2d 585 (1979)

Catherine Connell et al., Plaintiffs, v. City of New York et al., Defendants.

Civil Court of the City of New York, Special Term, Kings County.

December 7, 1979.

Attorney(s) appearing for the Case

Allen G. Schwartz, Corporation Counsel (Mark E. Segall of counsel), for defendants. Schneider, Kleinek, Friedman, Miler & Weltz (Joel Savit of counsel), for plaintiffs.

BERNARD FUCHS, J.

Plaintiffs' note of issue was served in March, 1976. The action, pending since 1972, is for personal injuries from a bicycle fall on a Prospect Park walk, allegedly due to defendants' negligent maintenance. Defendants move for summary judgment, contending that there is no legal duty to maintain a walk in safe condition for bicycling.

By cross motion plaintiffs seek to stay the motion...

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