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EDWARDS v. ACADIA-PA 161ST STREET LLC

4879, 303171/07, 84093/08.

83 A.D.3d 580 (2011)

922 N.Y.S.2d 316

BOBBY EDWARDS, Respondent, v. ACADIA-PA 161ST STREET LLC, Appellant. (And a Third-Party Action.)

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

Decided April 26, 2011.

Defendant failed to establish its entitlement to judgment as a matter of law (see generally Alvarez v Prospect Hosp., 68 N.Y.2d 320, 324 [1986]). In support of the motion, defendant submitted, inter alia, plaintiff's deposition testimony wherein he stated that he cut his finger on the jagged edge of a metal paper towel dispenser in the bathroom of defendant's building. Although the burden did not shift to plaintiff to raise a triable...

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