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ADORNO v. CARTY

23 A.D.3d 590 (2005)

804 N.Y.S.2d 798

JOSE ADORNO, JR., et al., Respondents, v. JOSLYN CARTY et al., Appellants, CITY OF NEW YORK, Respondent, et al., Defendant.

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

November 28, 2005.

Ordered that the order is affirmed, with one bill of costs.

The infant plaintiff was injured when the front wheel of the scooter he was riding struck an alleged defect in the sidewalk, causing him to fall. The alleged defect was located in a portion of the sidewalk which provides access to the appellants' common driveway. The appellants' use of the sidewalk constituted a special use (see Tedeschi v KMK Realty Corp.,<...

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