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RODRIGUEZ v. CITY OF NEW YORK

Index No. 311227/11. Appeal No. 12359. Case No. 2019-3990.

188 A.D.3d 505 (2020)

132 N.Y.S.3d 289

2020 NY Slip Op 06468

Luis A. Rodriguez, Appellant, v. City of New York, Defendant, and 641 West 230th, L.L.C., et al., Respondents.

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

Decided November 12, 2020.

Defendants' motion for summary judgment was properly granted in this action where plaintiff was injured when he tripped and fell in the public street adjacent to defendants' nursing home. The City of New York is responsible for repair and maintenance of the public roadway (Administrative Code of City of NY § 7-201[a], [c]), and defendants did not make any special use of the roadway or derive any special benefit therefrom in a way that would permit the imposition of a...

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