HINKLEY v. CITY OF NEW YORK


236 A.D.2d 368 (1997)

654 N.Y.S.2d 312

Joseph Hinkley et al., Respondents, v. City of New York, Defendant, and Tennes I. Erstad, Appellant

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

February 3, 1997


Ordered that the order is reversed, on the law, with costs, the motion for summary judgment is granted, the complaint is dismissed insofar as it is asserted against the appellant, and the action against the remaining defendant is severed.

The plaintiff Joseph Hinkley allegedly fell and sustained personal injuries as a result of a defective sidewalk near the boundary adjoining the properties of the appellant and the defendant Raymond McKaba. Upon McKaba's prior appeal...

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