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MERCADO v. ST. ANDREWS HOUSING DEVELOPMENT FUND COMPANY, INC.

289 A.D.2d 148 (2001)

734 N.Y.S.2d 436

CARMEN MERCADO, Appellant, v. ST. ANDREWS HOUSING DEVELOPMENT FUND COMPANY, INC., et al., Respondents.

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

Decided December 20, 2001.

In this slip-and-fall case, where the alleged defective condition of the sidewalk on the date of the alleged accident, as well as defendants' notice of same, cannot otherwise be proven, plaintiff is entitled to seek discovery in the form of defendants' records of any repairs or modifications made subsequent to that date (see, Longo v Armor El. Co., 278 A.D.2d 127, 129; Kaplan v Einy, 209 A.D.2d 248

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