MONTALBANO v. 136 W. 80 ST. CP

3657, 112714/08.

84 A.D.3d 600 (2011)

923 N.Y.S.2d 489

FRANK MONTALBANO, Appellant, v. 136 W. 80 ST. CP, Defendant, JAMES CALLANAN, Respondent, and 80TH STREET OWNERS CORP., Appellant.

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

Decided May 19, 2011.


On March 24, 2008, plaintiff was walking on West 80th Street at approximately 8:00 P.M. when he tripped and fell on a defect in the sidewalk. Specifically, the sidewalk flag was raised on one side at the expansion joint. Initially, it was unclear whether the area of the sidewalk where plaintiff fell abutted the property of 136 West 80th Street, Callanan's property, or 134 West 80th Street, defendant 80th Street Owners Corp.'s property. Plaintiff commenced the instant action...

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