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NATHAN v. CITY OF NEW ROCHELLE

282 A.D.2d 585 (2001)

723 N.Y.S.2d 402

NANCY NATHAN, Appellant, v. CITY OF NEW ROCHELLE, Defendant, and NEW ROC ASSOCIATES, L.P., Respondent.

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

Decided April 16, 2001.

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

The plaintiff allegedly was injured when she tripped on a crack in the sidewalk in front of a building owned by the defendant New Roc Associates, L.P. (hereinafter New Roc). The Supreme Court granted the motion of New Roc for summary judgment dismissing the complaint insofar as asserted against it, determining that the approximately one-inch height difference created by the crack constituted...

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