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BELMONTE v. CITY OF NEW YORK

180 A.D.2d 617 (1992)

Marie Belmonte et al., Appellants, v. City of New York et al., Defendants, and Jerry Agrusa, Respondent

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

February 3, 1992

Ordered that the order is affirmed, with costs.

The record demonstrates that the injured plaintiff fell on a public sidewalk in front of the defendant Jerry Agrusa's business. There is no evidence that Agrusa made any special use of the area in which the injured plaintiff fell, or otherwise caused or created the alleged sidewalk defect. Consequently, the Supreme Court properly dismissed the complaint insofar as asserted against Agrusa (see, e.g., Little...

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