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VARGAS v. CITY OF NEW YORK

4 A.D.3d 524 (2004)

772 N.Y.S.2d 381

MIRIAM VARGAS, Appellant, v. CITY OF NEW YORK, Respondent.

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

February 23, 2004.

Ordered that the order dated December 13, 2002, is affirmed insofar as appealed from; and it is further,

Ordered that the order dated May 12, 2003, is affirmed; and it is further,

Ordered that one bill of costs is awarded to the defendant.

In the absence of evidence that the City of New York actually created the defect in the sidewalk, under Administrative Code of the City of New York § 7-201 (c) a party cannot maintain a personal injury action...

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