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BENSON v. CITY OF PHILADELPHIA

146 Pa.Commw. 388 (1992)

606 A.2d 550

Deborah BENSON, as parent and natural guardian of Dolores Benson, a minor and Deborah Benson, in her own right, Appellant, v. CITY OF PHILADELPHIA and Philadelphia Anti-Graffiti Network, Inc. and Gary Patton and Denise Smith and Charles Bathea, Appellees.

Commonwealth Court of Pennsylvania.

Decided March 16, 1992.

Attorney(s) appearing for the Case

Thaddeus J. Bartkowski, for appellant.

Alan C. Ostrow, Chief Asst. City Sol., for appellees.

Before SMITH and PELLEGRINI, JJ., and NARICK, Senior Judge.

SMITH, Judge.

Deborah Benson, as parent and natural guardian of Delores Benson and in her own right (Benson), appeals from the order of the Court of Common Pleas of Philadelphia County granting the City of Philadelphia's (City) motion for summary judgment. The issue on appeal is whether Benson's cause of action falls within the real property exception to governmental immunity provided for in 42 Pa.C.S. § 8542(b)(3).1

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