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COLLAZO v. CITY OF NEW YORK

213 A.D.2d 270 (1995)

624 N.Y.S.2d 130

Margarita Collazo et al., Respondents, v. City of New York, Respondent. (Action No. 1.) Margarita Collazo et al., Respondents, v. Miklos A. Vasarhelyi et al., Individually and Doing Business as B. W. 860 Associates, Appellants

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

March 21, 1995

There is no question that these two actions commenced by plaintiffs seeking to recover for injuries sustained in a sidewalk slip and fall — the first against the City of New York alleging negligent sidewalk maintenance, and the second against appellants, the abutting land owners, when the City made clear its position that it was appellants who made the existing repair to the sidewalk — present common questions of law and fact, namely, who repaired the sidewalk...

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