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PERROTTA v. SIMON PROPERTY GROUP, INC.

11 A.D.3d 596 (2004)

782 N.Y.S.2d 674

ROBERT PERROTTA, Appellant, v. SIMON PROPERTY GROUP, INC., et al., Respondents.

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

October 18, 2004.

Ordered that the order is affirmed, with costs.

The defendants established their prima facie entitlement to summary judgment with evidence that they had no notice of the allegedly defective condition of their unloading docks, and with an affidavit from their expert that they were not obligated to provide the plaintiff with the equipment that he and his expert claimed was necessary (see Alvarez v Prospect Hosp., 68 N.Y.2d 320

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