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WEINBERG v. CITY OF NEW YORK

3 A.D.3d 489 (2004)

770 N.Y.S.2d 431

ABRAHAM WEINBERG, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

January 12, 2004.

Ordered that the order is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

On January 30, 1994, the plaintiff's decedent fell on a sidewalk abutting property owned by the defendants Michael Kuryland and Yana Kuryland. The Kurylands' residence was part of a private community, and the Kurylands belonged to Sea Gate Association (hereinafter the Association), a homeowner's association, which owned the sidewalk. On August...

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