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THOMPSON v. 793-97 GARDEN ST. HOUS. DEV. FUND CORP.

8897, 300039/10.

101 A.D.3d 642 (2012)

955 N.Y.S.2d 870

2012 NY Slip Op 9168

MICHAEL THOMPSON, Appellant, v. 793-97 GARDEN STREET HOUSING DEVELOPMENT FUND CORPORATION, Respondent.

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

December 27, 2012.

The record demonstrates conclusively that defendant did not own the property that abutted the sidewalk on which plaintiff tripped and fell, and was therefore not responsible for maintaining it in a reasonably safe condition (see Administrative Code of City of NY § 7-210; Montalbano v 136 W. 80 St. CP, 84 A.D.3d 600, 602-603 [1st Dept 2011]).

Plaintiff's proposed amendment of his bill of particulars to allege that...

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