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BROWN v. NEW YORK CITY DEPT. OF TRANSP.

24598/13. Appeal No. 12093. Case No. 2019-04234.

187 A.D.3d 535 (2020)

132 N.Y.S.3d 128

2020 NY Slip Op 05807

Nyaisha Brown, Respondent, v. New York City Department of Transportation et al., Defendants, Mana Construction Group, Respondent, and Gore Creek LLC et al., Appellants.

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

Decided October 15, 2020.

In this action for personal injuries, plaintiff alleged that she stepped into an area of a missing sidewalk curb, causing her to trip and fall. The missing sidewalk curb was a sizable gap located next to a tree well. On the date of the accident, Gore owned the premises abutting the sidewalk. The building was managed by UA.

The owner of premises abutting the public sidewalk has a nondelegable duty to maintain and repair...

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