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DE LOS SANTOS v. AMSTERDAM APARTMENTS MANAGER, LLC

4384, 15971/06, 86039/07.

85 A.D.3d 648 (2011)

926 N.Y.S.2d 476

2011 NY Slip Op 5549

AMBROSIA DE LOS SANTOS, Appellant, v. AMSTERDAM APARTMENTS MANAGER, LLC, Also Known as AMSTERDAM APARTMENTS, LLC, et al., Respondents. (And a Third-Party Action.)

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

Decided June 28, 2011.

"Viewing the evidence in a light most favorable to plaintiff" (Roth Law Firm, PLLC v Sands, 82 A.D.3d 675, 676 [2011]) and drawing all inferences in her favor "as we are bound to do" (Cruz v American Export Lines, 67 N.Y.2d 1, 13 [1986], cert denied 476 U.S. 1170 [1986]), triable issues of fact exist regarding whether the rooftop door was defective, preventing plaintiff from escaping...

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