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VARA v. BENDERSON DEVELOPMENT COMPANY, INC.

258 A.D.2d 932 (1999)

685 N.Y.S.2d 360

ELIZABETH VARA et al., Respondents, v. BENDERSON DEVELOPMENT COMPANY, INC., et al., Appellants.

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

Decided February 10, 1999.

Order unanimously affirmed with costs.

Memorandum:

Supreme Court properly denied the cross motion of defendant Benderson Development Company, Inc. (Benderson) for summary judgment dismissing the complaint against it. Even assuming, arguendo, that Benderson met its initial burden of establishing lack of notice of the alleged dangerous condition, we conclude that plaintiffs raised a triable issue of fact concerning...

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