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PESHNIAK v. KURITZKY

266 A.D.2d 270 (1999)

698 N.Y.S.2d 510

NICHOLAS PESHNIAK et al., Appellants, v. MARVIN KURITZKY et al., Respondents.

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

Decided November 8, 1999.

Ordered that the order is affirmed, with costs.

The plaintiff Nicholas Peshniak allegedly sustained injuries when he tripped and fell on a public sidewalk abutting the defendants' property. The defendants' papers, including the transcript of the deposition testimony of the defendant L. M. Steinhart, made out a prima facie case that the defendants did not create the condition or use the sidewalk for a special use (see, Oquendo v City of New York,

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