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ST. JACQUES v. NYC

215 A.D.2d 75 (1995)

633 N.Y.S.2d 97

Daniel St. Jacques et al., Appellants, v. City of New York, Respondent Larry J. Wiltbank et al., Appellants, v. City of New York, Respondent

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

September 26, 1995

Attorney(s) appearing for the Case

Joseph L. Decolator of counsel, Lake Success (John V. Decolator and Michael Majewski on the brief; Lysaght, Lysaght & Kramer, P. C., attorneys), for appellants.

Barry P. Schwartz of counsel, New York City (Mordecai Newman on the brief; Paul A. Crotty, Corporation Counsel of New York City, attorney), for respondent.

SULLIVAN, J. P., ROSENBERGER and ASCH, JJ., concur with ROSS, J.; TOM, J., dissents in a separate opinion.

ROSS, J.

The dispositive issue in these appeals is whether the defendant City's failure to cause the sidewalks in question to be repaired in accordance with various sections of the New York City Charter, Administrative Code and Municipal Home Rule Law (see, NY City Charter § 2903 [b]; § 2904; Administrative Code of City of NY §§ 19-152, 7-201 [c] [2]; Municipal Home Rule Law §...

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