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HENDRYX v. CITY OF NY

3 Misc.3d 512 (2004)

776 N.Y.S.2d 763

NONA HENDRYX, Plaintiff, v. CITY OF NEW YORK et al., Defendants.

Supreme Court, New York County.

March 24, 2004.

Attorney(s) appearing for the Case

Hoey, King, Toker & Epstein, New York City, for 34th Street Partnership, Inc., defendant.

McMahon, Martine & Gallagher, New York City, for Nico Asphalt, Inc., defendant.

Richard W. Babinecz, New York City, for Consolidated Edison Company of New York, Inc., defendant.

Michael A. Cardozo, Corporation Counsel, for City of New York, defendant.

Sullivan, Papain, Block, McGrath & Cannavo, P.C., New York City, for plaintiff.

OPINION OF THE COURT

MICHAEL D. STALLMAN, J.

Defendant 34th Street Partnership, Inc. moves for summary judgment. At issue is whether a business improvement district (BID) assumes any common-law duties in tort and, if so, the scope of that duty.

In this personal injury action, plaintiff seeks damages for personal injuries allegedly sustained when she tripped and fell in the roadbed of Eighth Avenue near the curb of the east sidewalk, in front of Penn...

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