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FINE v. CITY OF NEW YORK

303 A.D.2d 306 (2003)

755 N.Y.S.2d 843

JOHN C. FINE, as Executor of YVONNE FINE, Deceased, Respondent, v. CITY OF NEW YORK, Respondent, and 13 EAST 12TH STREET CO. et al., Appellants.

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

Decided March 25, 2003.

While there is no "minimal dimension test," in this case the defect should have been found to be trivial and nonactionable as a matter of law, and the complaint should have been dismissed (Trincere v County of Suffolk, 90 N.Y.2d 976, 977 [1997]). Plaintiff's contention that defendants 13 East 12th and Asti made special use of the sidewalk near the site of decedent's injury is inapposite, since the alleged special use was not shown...

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