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STORY v. CITY OF NEW YORK

24 Misc.3d 325 (2009)

876 N.Y.S.2d 838

WILMA STORY, Plaintiff, v. CITY OF NEW YORK et al., Defendants.

Supreme Court, Kings County.

Decided March 16, 2009.

Attorney(s) appearing for the Case

James J. Toomey (William M. Ciment of counsel), for Morris Lowinger and another, defendants.

Grey & Grey, LLP (Sherman B. Kerner of counsel), for plaintiff.

Michael A. Cardozo, Corporation Counsel, New York City (Angela R. Cruz of counsel), for City of New York, defendant.

OPINION OF THE COURT

ROBERT J. MILLER, J.

In this case, the court is asked to construe the scope of the one-, two- and three-family residential exemption for property "used exclusively for residential purposes" under section 7-210 of the Administrative Code of the City of New York (the New Sidewalk Law). The section in pertinent part provides as follows:

"Notwithstanding any other provision of law, the...

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