Carpinello, J.
Petitioner commenced this hybrid CPLR article 78 proceeding and civil action seeking to compel respondents to remove portions of a guardrail which blocked access to stairs and a walkway on the premises where he resided. In the alternative, petitioner sought to recover monetary damages. Supreme Court thereafter granted a motion by respondents to dismiss the petition/complaint for failure to state a cause of action. Without appealing from that judgment...
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