ZAVARO v. WESTBURY PROP. INV. CO.


244 A.D.2d 547 (1997)

664 N.Y.S.2d 611

Marguerite Zavaro et al., Respondents, v. Westbury Property Investment Company, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 24, 1997


Ordered that the order is affirmed, with costs.

On November 11, 1990, the plaintiff Marguerite Zavaro allegedly tripped and fell over a defect in the curb and pavement in the parking lot of the defendant's property. The plaintiffs allege, inter alia, that the defendant was negligent in failing to repair this defective condition.

To establish a prima facie case of negligence, the plaintiffs must demonstrate (1) that the defendant owed them a duty of...

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