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BIENVENIDA QUINTANA, Respondent, v. HENRY MEI et al., Appellants.

Since the record discloses the existence of factual issues respecting whether defendants, in the course of removing snow and ice accumulations on the public sidewalk abutting their residence, either created or heightened the hazard that is alleged to have caused plaintiff's fall and injury, defendants' motion for summary judgment dismissing the complaint was properly denied ( see, Alvarez v. Prospect Hosp., 68 N.Y.2d 320, 324).

Concur — Milonas, J.P., Rosenberger, Wallach and Mazzarelli, JJ.

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QUINTANA v. MEI
(Oct 13, 1998)