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PEREZ v. RODRIGUEZ

40 A.D.3d 1062 (2007)

836 N.Y.S.2d 693

HAYSTEN PEREZ et al., Appellants, v. WILLIAM RODRIGUEZ, Respondent, et al., Defendants.

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

Decided May 29, 2007.

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

A landowner has a duty to exercise reasonable care to maintain his or her premises in a safe condition (see Basso v Miller, 40 N.Y.2d 233 [1976]). The respondent satisfied his burden of establishing that he neither created nor had actual or constructive notice of an allegedly dangerous condition on his property...

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