ADLER v. CITY OF NEW YORK


52 A.D.3d 549 (2008)

860 N.Y.S.2d 580

BERNARD ADLER, Respondent, v. CITY OF NEW YORK, Appellant, 42 LEE AVENUE CORP. et al., Respondents, et al., Defendants.

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

Decided June 10, 2008.


Ordered that the order is affirmed insofar as appealed from, with one bill of costs payable to the defendants-respondents appearing separately and filing separate briefs.

On November 21, 2004 the plaintiff allegedly was injured when he tripped and fell over a defect in the sidewalk in front of 42 Lee Avenue, in Brooklyn. After serving a timely notice of claim, he commenced this action against, among others, the City of New York. Several of the codefendants asserted...

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