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RESTIFO v. CITY OF PHILADELPHIA

151 Pa.Commw. 27 (1992)

617 A.2d 818

Joseph V. RESTIFO, Appellant, v. CITY OF PHILADELPHIA and James & Gwendolyn Dupree, h/w and Anne S. Rosenthal, Executrix of the Estate of Sara Wischnef, Appellees.

Commonwealth Court of Pennsylvania.

Decided August 5, 1992.

Publication Ordered November 25, 1992.

Attorney(s) appearing for the Case

Joseph V. Restifo, pro se.

Alan C. Ostrow for appellees.

Before SMITH and KELLEY, JJ., and LORD, Senior Judge.

LORD, Senior Judge.

Joseph Restifo appeals a common pleas court order granting summary judgment in favor of the defendant City of Philadelphia. We reverse.

Restifo filed a complaint on November 14, 1986 against the city for injuries he suffered in a fall which, according to the complaint, occurred on October 16, 1984 at 6619-6621 Ardleigh Street in the city. The complaint named only the city as a defendant, alleging:

The defective condition of the...

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