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FISCHER v. CROSSARD REALTY CO., INC.

63 A.D.3d 540 (2009)

880 N.Y.S.2d 479

ANNE FISCHER, Appellant, v. CROSSARD REALTY CO., INC., Respondent.

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

Decided June 18, 2009.

An issue of fact as to whether defendant had notice of the claimed misleveling is raised by the elevator's service records, as clarified by the testimony of the elevator maintenance company's president and the affidavit of plaintiff's expert. Defendant's argument that plaintiff's testimony shows that she fell not because of any misleveling, but when she tried to quickly move out of the way of elevator doors that allegedly were closing...

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