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MAYO v. SANTIS

2973, 101810/07.

74 A.D.3d 470 (2010)

905 N.Y.S.2d 21

BIRGIT MAYO, Respondent, v. GEORGE T. SANTIS et al., Appellant.

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

Decided June 8, 2010.

In exercising its function of issue-finding rather than issue-determination (see Insurance Corp. of N.Y. v Central Mut. Ins. Co., 47 A.D.3d 469, 472 [2008]), the motion court properly determined that photographs of defendants' stair step, upon which plaintiff tripped and fell, demonstrated not only the quarter-inch rise at the edge of the step where plaintiff testified she tripped, but also the approximately 12 inches of missing...

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