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BROWN v. CITY OF NEW YORK

282 A.D.2d 639 (2001)

723 N.Y.S.2d 703

ROBERT BROWN, Appellant, v. CITY OF NEW YORK, Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided April 23, 2001.

Ordered that the order is modified, on the law, by deleting the provision thereof dismissing the complaint and substituting therefor a provision granting a new trial; as so modified, the order is affirmed, without costs or disbursements.

The Supreme Court set aside the jury verdict in this case on the ground that the plaintiff's notice of claim failed to identify both the location and the defect that allegedly caused his...

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