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LANHAN v. CITY OF NEW YORK

2009-02104

69 A.D.3d 678 (2010)

893 N.Y.S.2d 183

2010 NY Slip Op 222

CHRIS LANHAN, Respondent, v. CITY OF NEW YORK et al., Respondents, and COYLE PROPERTIES, INC., Appellant.

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

Decided January 12, 2010.

Ordered that the order is affirmed insofar as appealed from, with costs to the plaintiff-respondent.

The plaintiff allegedly was injured when he stepped into a hole in a curb and/or a sidewalk, abutting the business property of the defendant Coyle Properties, Inc. (hereinafter Coyle). The plaintiff alleged, in his notice of claim and bill of particulars, that the defective condition which caused his fall was located on a "sidewalk/curb." Coyle moved for summary judgment...

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