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RICE II v. FRANCIS

300 A.D.2d 463 (2002)

750 N.Y.S.2d 897

DARREL RICE II et al., Appellants, v. EVERTON FRANCIS et al., Respondents.

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

Decided December 16, 2002.

Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.

It is well established that a landowner is under a duty to exercise reasonable care under the circumstances to maintain property in a safe condition (see Basso v Miller, 40 N.Y.2d 233, 241). To establish a prima facie case of negligence, a plaintiff is required to...

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