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SILBERSTEIN v. CITY OF NEW YORK

7 A.D.3d 692 (2004)

776 N.Y.S.2d 520

BETTY SILBERSTEIN ET AL., Respondents, v. CITY OF NEW YORK, Respondent, BERNARD JACOBOWITZ, Appellant-Respondent, and SINAI EIZIKOVITZ ET AL., Respondents-Appellants.

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

May 17, 2004.

Ordered that the order is affirmed insofar as appealed and cross-appealed from, with one bill of costs.

The movants failed to meet their prima facie burdens of demonstrating that they did not create the defect in the sidewalk upon which the plaintiff Betty Silberstein allegedly tripped and fell (see Winegrad v New York Univ. Med. Ctr., 64 N.Y.2d 851 [1985]; Kreimer v Rockefeller Group, 2 A.D.3d 407...

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