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ESMAY v. HEXAM GARDENS CONSTR. CO., INC.

115 A.D.2d 896 (1985)

Carolyn Esmay, Respondent, v. Hexam Gardens Construction Company, Inc., Appellant; Niagara Mohawk Power Corporation, Respondent, et al., Defendants. (And a Third-Party Action.)

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 19, 1985

Casey, J.

Plaintiff was injured when she allegedly fell on a sidewalk along Jay Street, located adjacent to the City of Schenectady's Center City complex. The instant lawsuit, sounding in negligence and nuisance, was commenced against defendant Hexam Gardens Construction Company, Inc. (hereinafter defendant) and several others, including the City. After discovery was conducted, defendant moved for summary judgment dismissing the complaint and all cross...

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