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SHAPIRO v. TIDES INN REALTY CORP.

191 A.D.2d 490 (1993)

595 N.Y.S.2d 64

Roslyn Shapiro et al., Plaintiffs, v. Tides Inn Realty Corp., Defendant and Third-Party Plaintiff-Respondent, and Village of Freeport, Third-Party Defendant-Appellant

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

March 8, 1993

Ordered that the order is reversed, on the law, with costs, and the third-party complaint is dismissed.

The third-party defendant Village of Freeport (hereinafter Freeport) presented unrebutted proof that it never had been given prior notice of any defect in the sidewalk upon which the injured plaintiff was walking when she fell (see, Village Law § 6-628; CPLR 9804). Thus, it was entitled to summary judgment dismissing the third-party complaint (see...

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