SOTO v. CITY OF NEW YORK


240 A.D.2d 485 (1997)

659 N.Y.S.2d 764

Vincent Soto, Respondent, v. City of New York, Respondent, and New Life Child Development Center, Appellant

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

June 9, 1997


Ordered that the order is reversed, on the law, with costs payable by the defendant City of New York, the motion for summary judgment is granted, and the complaint and all cross claims are dismissed insofar as asserted against the defendant New Life Child Development Center.

The plaintiff was injured when he fell in a three-foot by four-foot by six-inch-deep cut-out portion of a sidewalk, abutting property owned by the appellant. The plaintiff then commenced the present...

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