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DIAZ v. EMINENT ASSOCIATES, LLC

31 A.D.3d 296 (2006)

819 N.Y.S.2d 32

CYNTHIA DIAZ, an Infant, by Her Mother and Natural Guardian, ROSA MARTINEZ, et al., Respondents, v. EMINENT ASSOCIATES, LLC, Appellant, and GO PRO SPORTS, Respondent.

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

July 13, 2006.

The record discloses issues of fact as to whether Eminent negligently repaired the sidewalk where plaintiff allegedly fell (see Hausser v Giunta, 88 N.Y.2d 449, 452-453 [1996]), and the documentary evidence submitted by Eminent does not conclusively establish that the repair was undertaken after the accident. The dissent's reliance on the alleged "unequivocal assertion" of Eminent's property manager that the repair was done some...

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