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KATZ v. CITY OF NEW YORK

18 A.D.3d 818 (2005)

796 N.Y.S.2d 639

RAISA KATZ et al., Respondents, v. CITY OF NEW YORK, Respondent, and YEKEL SHTEYNBERG et al., Appellants.

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

May 31, 2005.

Ordered that the order is affirmed, with costs.

At issue here is whether the appellants, as abutting landowners, may be held liable for a defect in a public sidewalk. The evidence in the record presents an issue of fact as to whether the defect occurred in a portion of the sidewalk which was used by the appellants and their predecessors-in-interest as a driveway. A driveway constitutes a special use (see Tedeschi v KMK Realty Corp., 8 A.D.3d...

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