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BATTON v. ELGHANAYAN

43 N.Y.2d 898 (1978)

Patricia M. Batton, Appellant, v. Agadgan Elghanayan et al., Doing Business as Bailey Gardens Co., Respondents.

Court of Appeals of the State of New York.

Decided February 14, 1978.

Attorney(s) appearing for the Case

George H. Mortimer for appellant.

William F. McNulty, Harold M. Foster and Anthony J. McNulty for respondents.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur in memorandum; Judge COOKE dissents and votes to affirm in a separate opinion.

MEMORANDUM.

The order appealed from should be reversed, with costs, and the case remitted to Supreme Court, Westchester County, for a new trial. Unlike the situation in Mooney v Turner (35 A.D.2d 674), the five photographs in this case, the accuracy of which has not been challenged, are sufficiently clear and precise to create an issue of fact as to constructive notice of the defect...

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