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MOORE v. NEWPORT ASSOCIATES L.P.

16 Misc.3d 618 (2007)

842 N.Y.S.2d 268

MONIFA MOORE, Plaintiff, v. NEWPORT ASSOCIATES L.P. et al., Defendants.

Supreme Court, Kings County.

June 11, 2007.

Attorney(s) appearing for the Case

Brody, Benard & Branch, LLP, New York City (Tonya Branch of counsel), for defendants.

Lucchese & D'Ammora, LLP, White Plains (Robert J. Lucchese of counsel), for plaintiff.

OPINION OF THE COURT

HERBERT KRAMER, J.

After the effective date of the New York City Sidewalk Law of 2003, is it possible to denominate an elevation differential between sidewalk slabs of more than one-half inch as being non-actionable because it is "de minimis"?

In July of 2006 plaintiff tripped and fell on an elevated sidewalk slab which defect was caused by the action of the roots of a tree growing...

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