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BETANCES v. 700 W. 176TH ST. REALTY CORP.

250 A.D.2d 504 (1998)

672 N.Y.S.2d 881

Yomara Betances, Appellant, v. 700 West 176th St. Realty Corp. et al., Respondents. Rafael Ayra, Individually and Doing Business as Fayra Enterprise, Third-Party Plaintiff-Respondent, v. City of New York et al., Third-Party Defendant

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

May 21, 1998

We agree with the motion court that plaintiff failed to adduce any evidence tending to show that her path was directed toward the hole in the sidewalk because of the clothing rack allegedly placed on the sidewalk by defendant lessee, and that her claim based on a special use of the sidewalk is therefore without merit (compare, Curtis v City of New York, 179 A.D.2d 432, lv denied 80 N.Y.2d 753, with MacLeod...

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