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PARKER v. THE SHUBERT ORGANIZATION INC.

41 A.D.3d 334 (2007)

838 N.Y.S.2d 557

BOBBI PARKER, Appellant, v. THE SHUBERT ORGANIZATION INC., Respondent, et al., Defendant.

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

Decided June 28, 2007.

Assuming arguendo that defendants made special use of the sidewalk area of plaintiff's alleged fall, plaintiff failed to raise a triable issue as to whether her accident was attributable to the claimed defect, a plaque embedded in the sidewalk (cf. Gage v City of New York, 203 A.D.2d 118 [1994]). The record provides no basis to conclude that the plaque itself was dangerously slippery, or that it was designed or situated in a way...

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