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HAUSSER v. GIUNTA

88 N.Y.2d 449 (1996)

669 N.E.2d 470

646 N.Y.S.2d 490

Mary Hausser et al., Appellants, v. Salvatore Giunta, Respondent.

Court of Appeals of the State of New York.

Decided May 2, 1996.

Attorney(s) appearing for the Case

Jerome Turner, Long Beach, for appellants.

Devitt, Spellman Barrett, Callahan, Leyden & Kenney, LLP, Smithtown (L. Kevin Sheridan of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, LEVINE and CIPARICK concur.

SMITH, J.

The issue presented by this personal injury action is whether Municipal Home Rule Law § 11 (1) (j) renders invalid section 256 of the City of Long Beach Code, which makes a landowner with property abutting city sidewalks liable for injuries caused by defects in the sidewalk. We conclude that Long Beach Code § 256 is not invalidated by the Municipal...

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