DIMAIO v. POZEFSKY


35 A.D.3d 1136 (2006)

827 N.Y.S.2d 740

ROSEMARY DIMAIO, Respondent, v. MICHAEL POZEFSKY, Appellant.

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

Decided December 28, 2006.


Mercure, J.

While walking to her parked car on the public roadway adjacent to defendant's property in the City of Gloversville, Fulton County, plaintiff stepped on a defective curb and fell down, injuring her foot and ankle. The curb was located between the public roadway and a grassy median abutting the sidewalk on defendant's property. After the Gloversville City Clerk informed plaintiff that adjacent property owners are responsible for the maintenance of sidewalks...

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