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MENDOZA v. ONE FORDHAM PLAZA, LLC

4783, 305108/08.

84 A.D.3d 547 (2011)

922 N.Y.S.2d 776

MARTHA MENDOZA, Appellant, v. ONE FORDHAM PLAZA, LLC, et al., Respondents.

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

Decided May 12, 2011.

Plaintiff has raised questions of fact regarding whether the defective condition involves more than just a height differential between the sidewalk flags, namely an overly and improperly sloped sidewalk, and thus we cannot conclude that the defect is trivial as a matter of law (Cela v Goodyear Tire & Rubber Co., 286 A.D.2d 640, 641 [2001]; Nin v Bernard, 257 A.D.2d 417, 417-418 [1999...

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