Through the testimony of its vice-president of operations that he was aware of no complaint about the fence before it allegedly fell onto plaintiff and the statement of its treasurer that the company had no record of any similar incidents in the two years preceding plaintiff's accident, defendant, a general contractor that performed maintenance on the fence, established prima facie that it did not have notice of a defect in the fence (see
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MATAS v. CLARK & WILKINS INDUSTRIES, INC.
61 A.D.3d 582 (2009)
877 N.Y.S.2d 314
HUGO MATAS, Appellant, v. CLARK & WILKINS INDUSTRIES, INC., Respondent.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided April 28, 2009.
Decided April 28, 2009.
Appellate Division of the Supreme Court of New York, First Department.
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