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HICKS v. CITIBANK, N. A.

267 A.D.2d 185 (1999)

700 N.Y.S.2d 814

DEBORAH HICKS, Respondent, v. CITIBANK, N. A., Appellant.

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

Decided December 28, 1999.

The IAS Court properly determined that the attorney's affirmation and photographs submitted by plaintiff in opposition to defendant's motion for summary judgment were sufficient to raise an issue of fact as to whether defendant had constructive notice of the alleged defective condition (see, Zuckerman v City of New York, 49 N.Y.2d 557, 562). Moreover, most of defendant's contentions in...

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