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KWITNY v. WESTCHESTER TOWERS OWNERS CORP.

47 A.D.3d 495 (2008)

850 N.Y.S.2d 68

ROSE KWITNY et al., Respondents, v. WESTCHESTER TOWERS OWNERS CORP. et al., Appellants, et al., Defendant.

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

Decided January 22, 2008.

Defendants made a prima facie showing of entitlement to summary judgment with the submission of plaintiff's deposition testimony that she never looked at the runner, either before or after her fall, and could not say whether it had bunched up or shifted; plaintiff's deposition testimony, and that of her husband, that they knew of no complaints about the runner prior to the accident; the doorman's deposition testimony that shortly...

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