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BREGER v. CITY OF NEW YORK

297 A.D.2d 770 (2002)

747 N.Y.S.2d 577

LANCE BREGER, Respondent, v. CITY OF NEW YORK, Respondent, and MARVIN HELLMAN et al., Appellants.

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

Decided September 30, 2002.

Ordered that the order is affirmed, with costs.

The plaintiff tripped and fell on a piece of concrete on the sidewalk abutting property owned by the defendants Marvin Hellman and Rozi Hellman (hereinafter the Hellmans). The defendant MMJ Contracting (hereinafter MMJ) was performing construction on the Hellmans' property.

It is well settled that abutting landowners are liable for a defect in a public sidewalk only when the owners either created the defective...

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