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HAYES v. CITY OF NEW YORK

264 A.D.2d 610 (1999)

695 N.Y.S.2d 328

EUGENE J. HAYES, Respondent-Appellant, v. CITY OF NEW YORK, Appellant-Respondent.

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

Decided September 16, 1999.

As defendant acknowledges, the duty imposed on building owners under Multiple Dwelling Law § 78 to keep their buildings in good repair is no more general than the duty imposed on the City under New York City Charter § 2903 (b) to keep its streets in good repair, and if the Charter provision is recognized as a valid predicate for General Municipal Law § 205-e liability (see, Gonzalez v Iocovello,

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