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SINGER v. CITY OF NEW YORK

224 A.D.2d 606 (1996)

639 N.Y.S.2d 701

Valda P. Singer, Plaintiff, v. City of New York, Defendant, and Petracca & Sons, Inc., Defendant and Third-Party Plaintiff-Respondent. Ngau W. Ng et al., Third-Party Defendants-Appellants, et al., Third-Party Defendant

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

February 20, 1996

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, and the fourth-party complaint is dismissed.

The plaintiff was injured when she fell in a hole in the sidewalk adjacent to property owned by the fourth-party defendants. There is no evidence that the fourth-party defendants made special use of the sidewalk or that they caused or created the defective condition. Consequently...

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