HAND v. CITY OF NEW YORK

1452.

67 A.D.3d 507 (2009)

888 N.Y.S.2d 51

2009 NY Slip Op 08157

KAREN HAND, Respondent, v. CITY OF NEW YORK et al., Defendants, and FRANK BEE STORES, INC., Appellant.

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

Decided November 12, 2009.


Plaintiff was injured when she tripped and fell on a sidewalk in front of commercial property. The area of the sidewalk on which the accident occurred was used as a driveway that led into a parking lot.

The complaint as against FBS should have been dismissed. FBS showed that it did not make special use of the sidewalk as it demonstrated that two separate nonparty corporations owned and used the parking lot, and plaintiff did not raise a question of fact on this point...

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