KLINE v. CITY OF NEW YORK


295 A.D.2d 481 (2002)

744 N.Y.S.2d 462

RUTH KLINE et al., Respondents, v. CITY OF NEW YORK, Respondent, and DUNKIN DONUTS et al., Appellants.

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

Decided June 17, 2002.


Ordered that the order is reversed, on the law, with one bill of costs, the motion is granted, the complaint and cross claims are dismissed insofar as asserted against the appellants, and the action against the remaining defendant is severed.

Injured plaintiff Ruth Kline allegedly sustained personal injuries when she tripped and fell on a sidewalk located adjacent to the appellants' property. Contrary to the Supreme Court's determination, the appellants are entitled...

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