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FREES v. FRANK & WALTER EBERHART L.P. NO. 1

2351, 113981/06

71 A.D.3d 491 (2010)

896 N.Y.S.2d 71

CYNTHIA FREES, Appellant, v. FRANK & WALTER EBERHART L.P. No. 1 et al., Respondents.

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

Decided March 11, 2010.

Defendants failed to establish their prima facie entitlement to judgment as a matter of law in this action for personal injuries sustained when cabinets in plaintiff's kitchen fell from the wall and struck plaintiff. Although the deposition testimony offered on the motion demonstrated that defendants had no notice of the alleged dangerous condition, defendants' witness had no personal knowledge of how the subject cabinets were actually...

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