FERREIRA v. CITY OF NEW YORK


22 A.D.3d 714 (2005)

802 N.Y.S.2d 382

JUAN FERREIRA et al., Respondents, v. CITY OF NEW YORK, Respondent, and MANHASSET HOMES CORP. et al., Appellants.

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

October 24, 2005.


Ordered that the order is affirmed insofar as appealed from, with one bill of costs payable to the respondents appearing separately and filing separate briefs.

The Supreme Court properly denied, upon renewal, the appellants' motion for summary judgment since they 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 near where the accident occurred...

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