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PEREZ v. CITY OF NEW YORK

266 A.D.2d 44 (1999)

698 N.Y.S.2d 14

JESUS PEREZ, Respondent, v. CITY OF NEW YORK, Defendant, and EAST 183RD STREET REALTY CORP., Appellant. (And a Third-Party Action.)

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

Decided November 9, 1999.

An issue of fact exists as to whether appellant caused a defective condition in or made a special use of the sidewalk, raised by deposition testimony, affidavits of licensed experts and photographs. These tend to show that defendant City had knowledge of defects in the sidewalk abutting appellant's building prior to plaintiff's accident, that plaintiff tripped on a "cut" in the sidewalk that extended the breadth thereof from the...

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