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FOBBS v. RAHIMZADA

39 A.D.3d 811 (2007)

834 N.Y.S.2d 329

ANNETTE FOBBS, Appellant, v. YAMA RAHIMZADA, Respondent, et al., Defendants.

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

Decided April 24, 2007.

Ordered that the order is affirmed, with costs.

The plaintiff, while walking on the public sidewalk in front of the premises owned by the defendant Yama Rahimzada (hereinafter the defendant), allegedly tripped and fell and was injured when the cellar doors located in the sidewalk began to open.

The defendant established his prima facie entitlement to judgment as a matter of law (see Alvarez v Prospect Hosp., 68 N.Y.2d 320

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