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GABRIELE v. EDGEWATER PARK OWNERS COOPERATIVE CORP., INC.

1426.

67 A.D.3d 484 (2009)

891 N.Y.S.2d 319

2009 NY Slip Op 08082

GINA GABRIELE, Appellant, v. EDGEWATER PARK OWNERS COOPERATIVE CORP., INC., et al., Respondents, et al., Defendant. (And a Third-Party Action.)

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

Decided November 10, 2009.

Plaintiff asserts that as she was getting out of a vehicle, she was forced by construction work on the sidewalk to walk onto the roadway, and was injured when she stepped into a pothole located one foot from the curb. Edgewater, whose property abutted the sidewalk, had a duty to keep the sidewalk in a reasonably safe condition (Administrative Code of City of NY § 7-210). As Edgewater did not proffer its declaration or by-laws...

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