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ALICEA v. CITY OF NEW YORK

188 A.D.2d 631 (1992)

Francia Alicea, Appellant, v. City of New York et al., Defendants, and Waldbaum's Incorporated, Respondent

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

December 28, 1992

Ordered that the order is affirmed, with costs.

The area where plaintiff was injured is remote from the defendant Waldbaum's store, is not part of the property leased by the defendant Waldbaum's, and is a public sidewalk outside of the perimeter fence of the common parking area shared by several businesses including the defendant Waldbaum's. Consequently, the defendant Waldbaum's owed no duty to the plaintiff, and the action against it was properly dismissed (cf...

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