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COREY v. CITY OF NEW YORK

186 A.D.2d 434 (1992)

Monique Corey, Respondent, v. City of New York, Defendant, and Murray Hill News Owners Corp., Appellant, et al., Third-Party Plaintiff, et al., Third-Party Defendant

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

October 15, 1992

Defendant-appellant ("defendant") Murray Hill News Owners Corp., the owner of property adjoining a municipal sidewalk which allegedly contained a defect, failed to meet its burden of demonstrating it did not actually cause the defect, and is not, therefore, entitled to summary judgment (Jimenez v City of New York, 179 A.D.2d 396). Defendant failed to conclusively establish that its managing agent's construction crew did not effect...

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