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ROSELLI v. CITY OF NEW YORK

201 A.D.2d 417 (1994)

607 N.Y.S.2d 672

Clare Roselli, Respondent, v. City of New York et al., Defendants, and El-or Associates et al., Appellants

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

February 24, 1994

In this action to recover for personal injuries, including a fractured right hip, suffered by plaintiff on October 15, 1986 when she tripped and fell over a portion of broken sidewalk adjacent to the frame of a metal sidewalk grate located in front of her apartment building which is owned and managed by defendants-appellants, the issue presented is whether the grate constitutes a special use of the sidewalk by the abutting property...

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