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LEON v. JOSEPH L. BALKAN INCORPORATED

29 A.D.3d 536 (2006)

814 N.Y.S.2d 706

TERESA LEON, Respondent, v. JOSEPH L. BALKAN INCORPORATED, Appellant, and SUTTON STREET REALTY CORP. et al., Respondents. (And a Third-Party Action.)

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

May 2, 2006.

Ordered that the order is affirmed insofar as appealed from, with costs to the plaintiff.

The plaintiff fell and was injured on a depressed and/or missing portion of sidewalk. It is undisputed that the appellant, Joseph L. Balkan Incorporated, had previously performed work in that area, including the removal of a portion of the sidewalk, to install water and sewer pipes. The appellant failed to establish its prima facie...

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