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GONZALEZ v. CLUB MONACO U.S., LLC

Nos. 7584, 100065/09.

95 A.D.3d 549 (2012)

943 N.Y.S.2d 109

2012 NY Slip Op 3566

YOLANDA GONZALEZ, Respondent, v. CLUB MONACO U.S., LLC, et al., Appellants.

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

Decided May 8, 2012.

Defendants failed to establish their entitlement to judgment as a matter of law. The photographs submitted by defendants depict a sizable irregularity on the outermost edge of a top step and fail to show that the defect at issue was trivial as a matter of law (see Abreu v New York City Hous. Auth., 61 A.D.3d 420 [2009]; Argenio v Metropolitan Transp. Auth., 277 A.D.2d 165 [2000]). Although...

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