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BIVINS v. ZECKENDORF REALTY, LP

289 A.D.2d 123 (2001)

735 N.Y.S.2d 103

LORNA BIVINS et al., Respondents, v. ZECKENDORF REALTY, LP, et al., Appellants, and CITY OF NEW YORK, Respondent, et al., Defendants.

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

Decided December 18, 2001.

We reject appellants' argument that they are entitled to summary judgment on the basis of plaintiff's deposition testimony. The tenor of the testimony is that plaintiff could not say whether it was one of the several potholes in the crosswalk that she tripped over or an item of the debris that appellants admit, for present purposes, came from their construction project. Having identified dangerous conditions that at least in part...

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