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BURGOS v. MONTEMURRO ENTERS. LLC

9137, 303086/09.

102 A.D.3d 629 (2013)

958 N.Y.S.2d 591

2013 NY Slip Op 554

SAMUEL BURGOS, Respondent, v. MONTEMURRO ENTERPRISES LLC, Appellant.

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

Decided January 31, 2013.

Defendant landlord failed to establish its entitlement to judgment as a matter of law in this action where plaintiff was injured when he tripped and fell on a condition caused by uneven planks on the wooden walkway in front of his apartment. The evidence submitted by defendant which included the deposition testimony of plaintiff, plaintiff's son, defendant's owner and the building's superintendent, as well as the photographs of...

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