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MULLANEY v. KOENIG

21 A.D.3d 939 (2005)

801 N.Y.S.2d 343

AGNES MULLANEY, Appellant, v. JOSEPH KOENIG et al., Respondents.

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

September 12, 2005.

Ordered that the order is affirmed, with costs.

Under the circumstances of this case, it is proper for this Court, on appeal, to consider the defendants' contention that the record contains no evidence of a defective or dangerous condition existing on their premises at the time of the accident (see Block v. Magee, 146 A.D.2d 730 [1989]). The defendants established a prima facie case that no dangerous or defective condition...

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