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KLECKNER v. MEUSHAR 34TH STREET, LLC

4047, 107967/07.

80 A.D.3d 478 (2011)

914 N.Y.S.2d 164

HERBERT W. KLECKNER, Respondent, v. MEUSHAR 34TH STREET, LLC, Respondent-Appellant, and VERIZON NEW YORK INC., Appellant-Respondent, and CITY OF NEW YORK, Respondent.

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

Decided January 13, 2011.

The motions were properly denied since the record presents triable issues of fact, including which defendant, if any, installed the subject tree well and grate and when, which defendant is responsible for the care, maintenance and repair of the tree well and grate, and which defendant is responsible for the care, maintenance and repair of the relevant area. Although the Court of Appeals has excluded "city-owned tree wells" from the definition of "sidewalk" as the term is...

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