MacKENZIE v. CITY OF NEW YORK

2013-01604.

125 A.D.3d 819 (2015)

CONSTANCE MacKENZIE, Appellant, v. CITY OF NEW YORK, Defendant/Third-Party Plaintiff/Second Third-Party Plaintiff-Respondent. NORMAN BRUCE FRANKFORT, Third-Party Defendant-Appellant, et al., Third-Party Defendant, et al., Second Third-Party Defendants.

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

Decided February 18, 2015.


Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

The plaintiff's decedent (hereinafter the decedent) was walking on Brighton 3rd Road in Brooklyn, the street on which she lived, when she allegedly fell on a defect in the roadway and was injured. At her deposition, the decedent testified that she was forced to walk on the street, rather than on the sidewalk, because the sidewalk abutting the property owned by the third-party defendant...

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