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GAETA v. CITY OF NEW YORK

213 A.D.2d 509 (1995)

624 N.Y.S.2d 47

Anthony Gaeta et al., Appellants, v. City of New York et al., Respondents

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

March 20, 1995

Ordered that the judgment is affirmed, with costs.

In order to establish a prima facie case of negligence, a plaintiff must demonstrate (1) the existence of a duty on the defendant's part as to the plaintiff, (2) a breach of this duty, and (3) an injury to the plaintiff as a result thereof (Akins v Glens Falls City School Dist., 53 N.Y.2d 325, 333). In order to prove a breach of...

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