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The plaintiff, a 72 year-old legal secretary slipped off of a broken sewer grate cover at night fracturing the elbow to her non-dominant arm and requiring surgery. Documents and witnesses proved that this condition had existed for a long period of time but had gone unrepaired. Suit was brought in Supreme Court, Queens County against The City of New York and the abutting landowner and before jury selection it was settled for $150,000.