DIAZ v. 1100 WYATT LLC

8267, 305204/09.

99 A.D.3d 532 (2012)

951 N.Y.S.2d 869

2012 NY Slip Op 6847

TONY DIAZ, Respondent, v. 1100 WYATT LLC, Appellant, et al., Defendant.

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

October 11, 2012.


Plaintiff testified at his deposition that he tripped in front of defendant's premises when his foot went into a crack or hole in the sidewalk. He did not see the crack until he was shown a picture of the area, but he felt it with his foot when he fell. Despite never seeing the crack or hole at the time of the accident, plaintiff attributed his fall to that condition. Thus, defendant did not sustain its burden of demonstrating, in the first instance, that the alleged sidewalk...

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