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KAY v. CITY OF NEW YORK

222 A.D.2d 558 (1995)

635 N.Y.S.2d 299

Abraham Kay, Plaintiff, v. City of New York,, Defendant, F. W. Woolworth, Co., Respondent, and Lesart Holding Corp., Appellant. (And a Third-Party Action.)

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

December 18, 1995

Ordered that the order is reversed, on the law, with costs, the appellant's motion is granted, and the cross claims against it are dismissed.

The plaintiff's decedent allegedly tripped and fell on the sidewalk while walking near the premises owned by the defendant Lesart Holding Corp. (hereinafter Lesart) and leased by the defendant F. W. Woolworth, Co. (hereinafter Woolworth). At his deposition, the decedent unequivocally...

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