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LOPEZ v. CITY OF NEW YORK

19 A.D.3d 301 (2005)

797 N.Y.S.2d 490

CARMEN LOPEZ, Individually and as Natural Guardian of RAMON VENTURA, JR., an Infant, Respondent, v. CITY OF NEW YORK, Defendant, INOCENCIO LORENZO, Individually and Doing Business as STEVE'S WORLD OF STORE FIXTURES, Appellant, and CONSOLIDATED EDISON COMPANY OF NEW YORK, Respondent.

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

June 23, 2005.

This action arises from a trip and fall by plaintiff's four-year-old son on an allegedly defective portion of sidewalk at or near defendant Lorenzo's store. Plaintiff contends that Lorenzo maintained a display of items on the sidewalk in front of his store which, as placed, blocked the area to such a degree that it compelled plaintiff and the child to alter their path of travel onto the portion of the sidewalk where the defect existed. Plaintiff claims this "special use"...

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