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GRIER v. 35-63 REALTY, INC.

70 A.D.3d 772 (2010)

895 N.Y.S.2d 149

DOREEN GRIER, Appellant, v. 35-63 REALTY, INC., Respondent. (And a Third-Party Action.)

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

Decided February 9, 2010.

Ordered that the order is affirmed, with costs.

The plaintiff alleges that on February 17, 2006, she was injured in Jackson Heights, Queens when she tripped and fell as she walked over an unpaved patch of ground and onto the concrete slab of the adjoining sidewalk flag. The plaintiff testified at her deposition that the unpaved patch was on the same general level as the sidewalk, but that her right foot became caught on the concrete slab of the adjoining sidewalk...

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