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MARTINEZ v. CITY OF NEW YORK

293 A.D.2d 392 (2002)

741 N.Y.S.2d 32

ESMERALDA MARTINEZ et al., Appellants, v. CITY OF NEW YORK et al., Defendants, and 200 CLAREMONT AVENUE HOUSING DEVELOPMENT FUND CORPORATION, Respondent.

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

Decided April 25, 2002.

The IAS court properly found there was no triable issue of fact as to defendant Claremont's liability for injuries allegedly sustained by plaintiff Esmeralda Martinez when she tripped and fell over bolts that had remained imbedded in the public sidewalk abutting Claremont's premises following the removal of a pay telephone that had been installed against the wall of Claremont's apartment building. The owner of premises abutting...

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