STEIN v. ABRAHAM


264 A.D.2d 730 (1999)

695 N.Y.S.2d 302

DAVID STEIN, Appellant, v. DALIAH ABRAHAM et al., Respondents.

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

Decided September 13, 1999.


Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly granted that branch of the defendants' motion which was for summary judgment dismissing the second cause of action predicated upon General Municipal Law § 205-e. The wall from which the plaintiff fell was not a "partition fence" or a "retaining wall" and, thus, was not within the purview of the Administrative Code of...

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