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BURNS v. INCORPORATED VILLAGE OF ROCKVILLE CENTRE

65 A.D.3d 512 (2009)

882 N.Y.S.2d 918

KATHY BURNS et al., Appellants, v. INCORPORATED VILLAGE OF ROCKVILLE CENTRE et al., Defendants, and BERNARD MATZEN, JR., Respondent.

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

Decided August 4, 2009.

Ordered that the order is affirmed insofar as appealed from, with costs.

The injured plaintiff allegedly tripped and fell over a raised flagstone located on the property of the defendant Bernard Matzen, Jr. (hereinafter the defendant). The defendant established, prima facie, that he did not create the alleged defect or have actual or constructive notice thereof (see generally Gordon v American Museum of Natural History...

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