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ALMANZAR v. CITY OF NEW YORK

18 A.D.3d 284 (2005)

794 N.Y.S.2d 644

WILTON ALMANZAR, Appellant, v. CITY OF NEW YORK et al., Defendants, and 192 STREET REALTY, LLC, Respondent.

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

May 12, 2005.

The action was properly dismissed in the absence of any evidence tending to rebut defendant's denial of any efforts to remove the snow that had accumulated in front of its lessee's premises (see Jiuz v City of New York, 244 A.D.2d 298, 298-299 [1997]). Nor does plaintiff adduce any evidence that defendant created or increased a dangerous condition on the sidewalk (see Gaudino v 511 W. 232nd St. Owners Corp.,

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