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FOGAN-CHEW v. POUGHKEEPSIE DEPARTMENT OF PUBLIC WORKS

2015-01648, Index No. 3162/14.

135 A.D.3d 702 (2016)

23 N.Y.S.3d 311

2016 NY Slip Op 00151

LILLIAN FOGAN-CHEW, Respondent, v. POUGHKEEPSIE DEPARTMENT OF PUBLIC WORKS et al., Defendants, and CITY OF POUGHKEEPSIE, Appellant.

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

Decided January 13, 2016.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff allegedly tripped and fell in a hole adjacent to a "no parking" sign while walking in a grassy area between a sidewalk and a curb in the defendant City of Poughkeepsie. After filing a notice of claim, the plaintiff commenced this action against the City, the City's Department of Public Works, and the owners of the abutting property. In...

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