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CRISCENTI v. VERIZON

104729/06, 8220, 8221, 103728/07, 3843.

99 A.D.3d 478 (2012)

952 N.Y.S.2d 146

2012 NY Slip Op 6739

GENE ANN CRISCENTI, Respondent, v. VERIZON et al., Appellants, et al., Defendant. GENE ANN CRISCENTI, Respondent, v. COMMUNICATIONS CONSTRUCTION GROUP, LLC, et al., Defendants, and JEK COMMUNICATIONS, INC., Appellant.

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

October 9, 2012.

Plaintiff was injured when she slipped and fell on the cover of a Verizon utility box located in a common-area lawn in her condominium complex. Without a showing of notice to defendants, the fact that the utility box cover was slippery when wet does not raise an issue of fact as to negligence (see Contreras v Zabar's, 293 A.D.2d 362 [1st Dept 2002]). Nor do plaintiff's expert opinions raise an issue of fact, since they are unsupported...

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