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MORALES v. SINMAR DEVELOPMENT CORP.

298 A.D.2d 236 (2002)

748 N.Y.S.2d 151

CLEMENTE MORALES, Respondent, v. SINMAR DEVELOPMENT CORP., Appellant, et al., Defendant.

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

Decided October 17, 2002.

Plaintiff claims that the sidewalk crack in question was caused by cars driving on the sidewalk in the course of entering and exiting the vacant lot owned by defendant and used as a parking lot. Defendant claims that plaintiff's deposition testimony, to the effect that he tripped some 10 to 15 feet from the entrance to the lot, which is surrounded by a high iron fence, demonstrates that plaintiff did not trip over the portion of...

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