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POTHOLED PAST

j0446559.jpgIn 1982, John Shufeldt drove his car over a pothole. Some 25 years later, he claimed -- for the first time -- that the City of New York had caused the condition and had been negligent in failing to repair it or to give drivers appropriate warning of its existence.

When the Bronx County Supreme Court precluded him from asserting matters that hadn't been raised in his Notice of Claim, Shufeldt appealed.

Since the document he originally filed back in 1983 didn't allege that the City created the pothole, the Appellate Division, First Department, agreed -- after the passage of so much time -- that the guy couldn't be allowed to modify his claim.

Was it time to retire?

j0356702.gifTo view a copy of the Appellate Division's decision, please use this link: Shufeldt v. City of New York
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