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ABREU v. NEW YORK CITY HOUSING AUTHORITY

61 A.D.3d 420 (2009)

876 N.Y.S.2d 50

YSABEL ABREU, Respondent, v. NEW YORK CITY HOUSING AUTHORITY, Appellant.

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

Decided April 2, 2009.

Defendant's argument that the crack was trivial as a matter of law was properly rejected by the motion court on the basis of the photographs submitted by defendant depicting a lengthy irregularity in the cement that might have been capable of catching plaintiff's sandal (see Jacobsen v Krumholz, 41 A.D.3d 128, 128-129 [2007], citing Argenio v Metropolitan Transp. Auth.,

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