Abramson v. Eden Farm, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, New York County (Emily Jane Goodman, J.), entered December 24, 2008, which denied defendant Eden Farm’s motion for summary judgment dismissing the complaint as to it, unanimously affirmed, without costs.
Plaintiff, a 69-year-old woman, tripped over a cracked portion of the public sidewalk abutting a store leased by Eden Farm from the third-party defendant landowner. In support of its motion for summary judgment, Eden Farm demonstrated that it did not create the alleged defect through any special use of the sidewalk or otherwise (see Weiskopf v City of New York, 5 AD3d 202…
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