MORAN v. CITY OF NEW YORK


272 A.D.2d 252 (2000)

708 N.Y.S.2d 90

MERCEDES MORAN, Respondent, v. CITY OF NEW YORK et al., Defendants, and JAMES GRANT et al., Appellants.

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

Decided May 25, 2000.


An issue of fact exists as to whether the alleged defect in the sidewalk where plaintiff fell was caused by cars driving over the sidewalk in the course of entering and exiting the driveway that lay between defendants-appellants' and the individual codefendants' properties. Appellants' expert's opinion that the concrete driveway apron that sloped down from the sidewalk was raised by tree roots on the sidewalk adjacent to the apron, which in turn caused the concrete to crack...

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