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PERALTA-SANTOS v. 350 WEST 49TH STREET CORP.

1190, 152344/13.

139 A.D.3d 536 (2016)

30 N.Y.S.3d 553

2016 NY Slip Op 03966

CRUZ PERALTA-SANTOS, Respondent, v. 350 WEST 49TH STREET CORP. et al., Appellants.

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

Decided May 19, 2016.

Defendants established their entitlement to judgment as a matter of law in this action where plaintiff alleges that he was injured when he fell down the stairs in defendants' building. Defendants submitted, inter alia, plaintiff's deposition testimony where he stated that while climbing the subject stairs, he suddenly felt dizzy and weak, heard the "noise of a paper," and remembered nothing else until he later awoke in the hospital...

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