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STORPER v. KOBE CLUB

3210, 112445/07

76 A.D.3d 426 (2010)

906 N.Y.S.2d 543

VIVIAN STORPER, Appellant, v. KOBE CLUB et al., Respondents, et al., Defendants.

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

Decided August 10, 2010.

At issue on this appeal is whether a sidewalk metal grating owned by the Metropolitan Transit Authority (MTA) is part of the "sidewalk" for purposes of Administrative Code of the City of New York § 7-210, which requires owners of real property to maintain abutting sidewalks in a reasonably safe condition.

Plaintiff's testimony establishes that she tripped and fell on a raised and broken portion of the public sidewalk...

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