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PANTORE v. PATCHAS REALTY, LLC

48 A.D.3d 222 (2008)

851 N.Y.S.2d 167

DENNIS PANTORE et al., Respondents, v. PATCHAS REALTY, LLC, Appellant, and HEALTH CARE WASTE SERVICES CORP. et al., Respondents.

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

Decided February 5, 2008.

There is a triable issue of fact as to whether Patchas negligently maintained the perimeter wall that collapsed onto plaintiff. Although Patchas was on notice of prior instances of trucks striking the wall and had installed I-beams and barriers to strengthen certain areas of the wall and prevent trucks from striking it again, it installed no such devices in the area of the wall where plaintiff's accident occurred (see Derdiarian...

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