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WRIGHT v. FRAWLEY PLAZA HOUSES, INC.

10310, 107831/06.

107 A.D.3d 449 (2013)

967 N.Y.S.2d 50

2013 NY Slip Op 4120

JOHNNIE MAE WRIGHT, Appellant, v. FRAWLEY PLAZA HOUSES, INC., Respondent.

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

Decided June 6, 2013.

Plaintiff was injured when, while on the second-floor plaza of defendant's building, she leaned over the parapet wall that surrounded the plaza and fell to the ground. Defendant established its entitlement to judgment as a matter of law by submitting, inter alia, photographs of the plaza showing the absence of any actionable defects (see Tagle v Jakob, 97 N.Y.2d 165, 169-170 [2001]), and the affidavit of an expert who opined that...

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