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ROSARIO v. CITY OF NEW YORK

289 A.D.2d 133 (2001)

735 N.Y.S.2d 50

BERNABE ROSARIO, Respondent, v. CITY OF NEW YORK, Respondent, and NEW YORK CITY HOUSING AUTHORITY, Appellant.

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

Decided December 20, 2001.

In this personal injury action, arising from a trip and fall on a public sidewalk abutting premises owned by defendant Housing Authority, sufficient evidence was presented to raise a triable issue of fact as to whether the Housing Authority made special use of the driveway portion of the sidewalk where plaintiff fell. The Housing Authority's own witness testified that Housing Authority vehicles, and only Housing Authority vehicles...

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