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ATASHI v. FRED-DOUG 117 LLC

Nos. 5063, 23257/05

87 A.D.3d 455 (2011)

928 N.Y.S.2d 529

2011 NY Slip Op 6290

ISUF ATASHI, Appellant, v. FRED-DOUG 117 LLC et al., Respondents.

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

Decided August 18, 2011.

Plaintiff, while on duty as a security guard, tripped and fell over a large flatbed dolly as he entered a long basement corridor that led to the building's garage. According to the managing agent, tenants sometimes borrowed the dollies from building staff.

Defendants established, prima facie, that they did not create the alleged dangerous condition or have actual or constructive notice thereof.

Actual notice may...

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