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BRIGNONI v. 601 WEST 162 ASSOCIATES, L.P.

6799, 103809/07.

93 A.D.3d 417 (2012)

939 N.Y.S.2d 418

2012 NY Slip Op 1561

MODESTA BRIGNONI, Appellant, v. 601 WEST 162 ASSOCIATES, L.P., Respondent, et al., Defendants.

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

Decided March 1, 2012.

Plaintiff was injured when a trapdoor collapsed underneath her causing her to fall into the basement of the premises. 601, an out-of-possession landlord, failed to establish as a matter of law that the defective condition that allegedly caused the entire trapdoor, including its hinges, to collapse under plaintiff was not a structural defect (see e.g. Bernardo v 444 Rte. 111, LLC, 83 A.D.3d 753, 754 [2011]). Contrary to 601's contention...

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