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SOTO v. LIME TREE GOURMET DELI

18 A.D.3d 284 (2005)

795 N.Y.S.2d 30

MARY C. SOTO, Appellant, v. LIME TREE GOURMET DELI et al., Defendants, and JAMES B. GREENE, III et al., Respondents.

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

May 17, 2005.

Plaintiff fell on a crack in a New York City sidewalk, sustaining injury to her left elbow and forearm. The evidence raises questions of fact with respect to whether defendants Ben-Dov and Greene, the abutting property owners, created the sidewalk defect that allegedly caused plaintiff to fall and sustain injury (see Hausser v Giunta, 88 N.Y.2d 449, 453 [1996]). Photographs of the area...

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