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MILLER v. CITY OF NEW YORK

253 A.D.2d 394 (1998)

677 N.Y.S.2d 111

Sylvia Miller, Respondent, v. City of New York, Respondent, and Joseph Jamal, Appellant

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

August 20, 1998

Plaintiff alleges that she fell in front of commercial premises owned by defendant Joseph Jamal. The accident is alleged to have been caused by an uneven sidewalk abutting a tree well, from which the tree had been removed by persons unknown.

In support of his motion for summary judgment dismissing the complaint, defendant Jamal submitted his personal affidavit attesting that, during the several years he owned the property...

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