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OBSER v. BOARD OF EDUCATION OF THE CITY OF NEW YORK

266 A.D.2d 522 (1999)

698 N.Y.S.2d 896

HERBERT OBSER et al., Plaintiffs, v. BOARD OF EDUCATION OF THE CITY OF NEW YORK et al., Defendants and Third-Party Plaintiffs-Appellants, and IANNELLI CONSTRUCTION CO., INC., Respondent. NEW YORK CITY SCHOOL CONSTRUCTION AUTHORITY, Third-Party Defendant-Respondent.

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

Decided November 29, 1999.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs payable to the respondents.

Contrary to the appellants' contention, the defendant Iannelli Construction Co., Inc. (hereinafter Iannelli) did not make a special use of the school entrance at which the plaintiff Herbert Obser was injured (see, Minott v City of New York, 230 A.D.2d 719). Further, neither Iannelli nor the third-party defendant...

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