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RUBIN v. CITY OF NEW YORK

258 A.D.2d 371 (1999)

685 N.Y.S.2d 681

PAULA RUBIN, Respondent, v. CITY OF NEW YORK, Respondent, and 230 PARK AVENUE ASSOCIATES, Appellant, et al., Defendants.

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

Decided February 23, 1999.

Where plaintiff tripped and fell on a broken piece of sidewalk located on the curbside at the southeast corner of Park Avenue and East 46th Street, which sidewalk abutted 230 Park Avenue and its Helmsley Walk East passageway, plaintiff has failed to submit any evidence tending to suggest that 230 Park Avenue put the site of the accident to a special use, how the alleged hazard was created, or how 230 Park Avenue may have been involved in the creation of such defect. The photographic...

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