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JOSEPH v. VILLAGES AT HUNTINGTON HOME OWNERS ASSOCIATION, INC.

39 A.D.3d 481 (2007)

835 N.Y.S.2d 231

BARBARA JOSEPH et al., Appellants, v. VILLAGES AT HUNTINGTON HOME OWNERS ASSOCIATION, INC., Defendant, and VILLAGES AT HUNTINGTON DEVELOPMENT CORP. et al., Respondents.

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

Decided April 3, 2007.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs payable to the defendant Lusa Concrete Corp.

On the evening of September 4, 2001 the plaintiff Barbara Joseph (hereinafter the plaintiff) tripped and fell in the residential development where she resided as she attempted to traverse a curb cut leading from a roadway to the adjacent sidewalk. The plaintiff asserts that there was a height differential of 5/8 of an inch between the two...

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