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ZIPKIN v. CITY OF NEW YORK

196 A.D.2d 865 (1993)

602 N.Y.S.2d 149

Beulah Zipkin, Respondent-Appellant, v. City of New York, Appellant-Respondent

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

September 27, 1993

Ordered that the judgment is affirmed, without costs or disbursements.

The plaintiff alleged that the City of New York was negligent in the maintenance of the sidewalk on which the plaintiff fell. During the liability phase of the trial, the City attempted to present evidence of its policy regarding sidewalk repairs, claiming that it did not repair sidewalk defects caused by tree roots, but left such repairs to the homeowner whose property abutted the sidewalk. The...

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