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RODRIGUEZ v. 326-338 EAST 100TH STREET PARTNERS

40 A.D.3d 439 (2007)

836 N.Y.S.2d 172

VIRGINIA RODRIGUEZ et al., Respondents, v. 326-338 EAST 100TH STREET PARTNERS et al., Appellants.

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

Decided May 22, 2007.

The nonparty affidavits, which were properly considered by the court, each stated that there were patches of ice on the sidewalk for approximately one week prior to the accident. This sufficed to raise a triable issue of fact as to whether the alleged hazard was present long enough for defendants to discover and remedy it (see Giuffrida v Metro N. Commuter R.R. Co., 279 A.D.2d 403 [2001]). While plaintiff testified that she did not...

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