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SEYFERT v. STATE OF NEW YORK

275 A.D.2d 317 (2000)

712 N.Y.S.2d 408

ANNE SEYFERT et al., Appellants, v. STATE OF NEW YORK, Respondent. (Claim No. 92844.)

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

Decided August 7, 2000.

Ordered that the judgment is affirmed, with costs.

The Court of Claims properly determined that the claimants failed to meet their burden of establishing that the alleged defect had existed for such a length of time as to charge the defendant with constructive notice of its presence (see, Idel v Mitchell, 158 N.Y. 134, 139; Buckley v Sun & Surf Beach Club, 268 A.D.2d 496; see also, Glenn v Oakdale Contr. Co...

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