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SCHULMAN v. CITY OF NEW YORK

190 A.D.2d 663 (1993)

Paul M. Schulman, Individually and as Administrator of The Estate of Sheila Schulman, Deceased, Appellant, v. City of New York, Respondent

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

February 1, 1993

Ordered that the judgment is affirmed, with costs.

In order to establish a prima facie case of negligence, a plaintiff must first demonstrate the existence of a duty owed by the defendant to the plaintiff (Solomon v City of New York, 66 N.Y.2d 1026, 1027; Bauer v Town of Hempstead, 143 A.D.2d 793, 794). In this case, since the City did not own the roadway on which the accident involving...

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