The following excerpt is from Rue v. State, 11 Misc.2d 337, 174 N.Y.S.2d 556 (N.Y. Ct. Cl. 1958):
A municipality's liability depends on whether or not, having in mind the circumstances of each case, it has neglected and failed to keep its public thoroughfares * * * whether the sidewalk of a street or the pathway in a park * * * in a condition reasonably safe for pedestrians. Loughran v. City of New York, 298 N.Y. 320, 83 N.E.2d 136.
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