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McGUIRE v. 3901 INDEPENDENCE OWNERS, INC.

2915, 18332/06.

74 A.D.3d 434 (2010)

902 N.Y.S.2d 69

SEAN McGUIRE, Appellant, v. 3901 INDEPENDENCE OWNERS, INC., et al., Respondents, et al., Defendants.

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

Decided June 1, 2010.

Plaintiff asserts that defendants created an unreasonably dangerous condition by constructing a scaffold sidewalk bridge that allowed rainwater to accumulate on the walkway just outside the front of the building, although plaintiff admits that there were no puddles, just a "build up of water on the surface of the brick" not deep enough to make a "splash." The complaint properly was dismissed because, as a matter of law, mere wetness...

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