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Appellate Division reverses denial of Summary Judgment
Michael P. Kandler obtained a reversal of a trial court’s denial of summary judgment in favor of a building owner in Fine v. City of New York, 303 A.D.2d 306, 755 N.Y.S.2d 834 (1st Dep’t, March 25, 2003). The Court agreed that the alleged defective condition was “trivial” and non-actionable. The Court also found that the building owner had not undertaken any “special use” of the sidewalk.
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