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BEINER v. VILLAGE OF SCARSDALE

2016-02983, Index No. 65855/14.

149 A.D.3d 679 (2017)

2017 NY Slip Op 02617

51 N.Y.S.3d 578

FATIN BEINER, Respondent, v. VILLAGE OF SCARSDALE, Appellant.

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

Decided April 5, 2017.

Ordered that the order is reversed, on the law, with costs, and the defendant's motion for summary judgment dismissing the complaint is granted.

The plaintiff allegedly tripped on an unlevel slab of bluestone sidewalk in the Village of Scarsdale (hereinafter the defendant), fracturing her wrist. In her notice of claim, verified complaint, and verified bill of particulars, the plaintiff alleged that the defendant affirmatively created the defective condition by virtue...

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