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WINBERRY v. CITY OF NEW YORK

257 A.D.2d 618 (1999)

684 N.Y.S.2d 290

MARY WINBERRY, Appellant, v. CITY OF NEW YORK, Defendant, and JACK SCOTT et al., Respondents.

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

Decided January 19, 1999.

Ordered that the order is affirmed, with costs.

On March 7, 1994, the plaintiff was injured when she tripped and fell on a public sidewalk directly adjacent to the driveway of the premises owned by the defendants Jack Scott and Olga Scott. The plaintiff commenced this action against the City of New York and the Scotts in which she alleged, inter alia, that the Scotts negligently maintained and repaired the sidewalk. The Scotts moved for summary judgment dismissing...

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