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ROTH v. SPLETZER

236 A.D.2d 599 (1997)

654 N.Y.S.2d 655

Myriam Roth, Respondent, v. Camille F. Spletzer, Appellant

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

February 24, 1997

Ordered that the order is reversed, on the law, with costs, the defendant's motion for summary judgment is granted, and the complaint is dismissed.

Under the circumstances of this case, the defendant has established prima facie entitlement to summary judgment based on lack of notice, actual or constructive, of any defect of the fence which collapsed when the plaintiff leaned on it, causing her injury. The affidavits submitted...

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