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GRANVILLE v. CITY OF NEW YORK

211 A.D.2d 195 (1995)

Alan Granville, Respondent, v. City of New York, Respondent, and Lincoln Associates, Appellant, et al., Defendants

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

May 23, 1995

Attorney(s) appearing for the Case

Christopher P. DiGiulio of counsel (Joyce Bigelo on the brief; Bunin & DiGiulio, attorneys), for appellant.

Ellen B. Fishman of counsel (Leonard Koerner on the brief; Paul A. Crotty, Corporation Counsel of New York City, attorney), for City of New York, respondent.

Michael B. Parson, New York City, for Alan Granville, respondent.

KUPFERMAN and ASCH, JJ., concur with TOM, J.; SULLIVAN, J. P., and WALLACH, J., dissent in a separate opinion by WALLACH, J.

TOM, J.

On July 24, 1988, plaintiff-respondent Alan Granville allegedly sustained injuries after he tripped and fell on a raised, defective portion of a sidewalk in front of the premises designated as 1960 Broadway, New York, New York. Defendant-appellant Lincoln is the owner of the premises and leases it to a corporation which operates a restaurant therein.

After some discovery was conducted, Lincoln...

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