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DENYSSENKO v. PLAZA REALTY SERVICES, INC.

8 A.D.3d 207 (2004)

779 N.Y.S.2d 197

MARIA DENYSSENKO, Respondent, v. PLAZA REALTY SERVICES, INC., Appellant.

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

June 29, 2004.

The photographic evidence of the alleged hazard in defendant's parking lot to which plaintiff attributes her harm, showing a jagged-edged pothole filled with water, does not permit the conclusion that the defect was trivial as a matter of law (see Trincere v County of Suffolk, 90 N.Y.2d 976, 977 [1997]). The pictures of the apparently long-standing defect, taken within two weeks of plaintiff...

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