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ROJAS v. CON EDISON

2011-529 KC.

34 Misc 3d 69 (2011)

941 N.Y.S.2d 435

2011 NY Slip Op 21458

ZORAIDA ROJAS, Respondent, v. CON EDISON et al., Defendants, and ELLIVKROY REALTY, INC., Appellant.

Supreme Court, Appellate Term, Second Department, 2d, 11th and 13th Judicial Districts.

Decided December 23, 2011.

Attorney(s) appearing for the Case

Margaret G. Klein & Associates, New York City ( Peter R. Bain of counsel), for appellant. Manuel D. Gomez , New York City, for respondent.

PESCE, P.J., GOLIA and STEINHARDT, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the order is affirmed, without costs.

In this personal injury action, plaintiff alleges that she tripped and fell over a gas valve cap embedded in a sidewalk and that Ellivkroy Realty, Inc. (defendant), as the abutting landowner, was responsible for the defective condition of the gas valve cap and thus liable to plaintiff for the injuries she sustained...

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