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MOSCATO v. CITY OF NEW YORK

16 A.D.3d 470 (2005)

792 N.Y.S.2d 104

VINCENT MOSCATO et al., Respondents, v. CITY OF NEW YORK et al., Defendants, and ANTONIO URGESE et al., Appellants.

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

March 14, 2005.

Ordered that the order is affirmed insofar as appealed from, with costs.

The appellants, homeowners whose property abutted a public sidewalk, failed to make a prima facie showing that they did not create the allegedly defective condition through an affirmative act of negligence or through a special use of the sidewalk (see Hausser v Giunta, 88 N.Y.2d 449 [1996]; Rene v Union Gardens Coop., Section 1,

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