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PULLMAN v. MARINO

254 A.D.2d 472 (1998)

679 N.Y.S.2d 827

Solange Pullman, Appellant, v. Joseph Marino et al., Respondents

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

October 26, 1998

Ordered that the order is affirmed insofar as appealed from, with costs.

We agree with the Supreme Court that the plaintiff failed to present sufficient evidence to create a factual question as to whether the defendants had actual or constructive notice of the allegedly defective gutter (see, Seigel v Congregation Zichron Shmuel, 226 A.D.2d 913). Accordingly, summary judgment was properly granted to the defendants...

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