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BAULIEU v. ARDSLEY ASSOCIATES, L.P.

5361, 114779/08.

85 A.D.3d 554 (2011)

925 N.Y.S.2d 466

2011 NY Slip Op 5196

RENE BAULIEU et al., Respondents, v. ARDSLEY ASSOCIATES, L.P., et al., Appellants, and POWERHOUSE MAINTENANCE INC., Respondent, et al., Defendants.

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

Decided June 16, 2011.

Powerhouse contracted with Ardsley LP to perform "as-needed" repair work on Ardsley LP's strip mall parking lot. Plaintiff Rene Baulieu allegedly lost her balance as she stepped down from the mall sidewalk, into the parking lot, and her right foot came into contact with a "build-up" of asphalt, which abutted the curb and sloped sharply downward to the level of the parking area. Plaintiff was allegedly "pitched-forward" and inadvertently...

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