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KOSARIN v. W & S ASSOCIATES, LP.

6 A.D.3d 503 (2004)

774 N.Y.S.2d 420

DONNA KOSARIN et al., Appellants, v. W & S ASSOCIATES, LP, et al., Respondents, et al., Defendants. (And a Third-Party Action.)

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

April 12, 2004.

Ordered that the order is affirmed, with one bill of costs.

On November 27, 1999, the plaintiff Donna Kosarin (hereinafter the plaintiff) allegedly was injured in a parking garage owned by the defendant W & S Associates, LP (hereinafter W & S), when she tripped and fell on a depression in the pavement. Photographs authenticated by the plaintiff at her deposition depict a visible but shallow depression in an area close to the edge of the garage and exposed...

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