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VUCETOVIC v. EPSOM DOWNS

45 A.D.3d 28 (2007)

841 N.Y.S.2d 301

DZAFER VUCETOVIC et al., Appellants, v. EPSOM DOWNS, INC., Respondent.

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

September 6, 2007.

Attorney(s) appearing for the Case

Alexander J. Wulwick, New York City, and Roura & Melamed, for appellants.

Rebore, Thorpe & Pisarello, P.C., Farmingdale (Paul W. Thorpe, Jr., of counsel), for respondent.

TOM, J.P., and MALONE, J., concur with BUCKLEY, J.; ANDRIAS and GONZALEZ, JJ., dissent in a separate opinion by GONZALEZ, J.

OPINION OF THE COURT

BUCKLEY, J.

At issue on this appeal is whether tree wells are part of the "sidewalk" for purposes of Administrative Code of the City of New York § 7-210, which requires owners of real property to maintain abutting sidewalks in a reasonably safe condition.

Title 19, chapter 1 of the Administrative Code, "Streets and Sidewalks," defines "sidewalk" as "that portion of a street between the curb lines, or the lateral lines of...

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