RUIZ v. 221-223 E. 28TH ST., LLC

1946, 400269/13.

143 A.D.3d 553 (2016)

2016 NY Slip Op 06790

39 N.Y.S.3d 431

EVLIN RUIZ et al., Appellants, v. 221-223 E. 28TH ST., LLC, Respondent.

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

Decided October 18, 2016.


In support of its motion, defendant submitted evidence that, at the time of plaintiff's accident, there were at least 30 garbage bags piled in three rows about five feet high near a fire hydrant on the sidewalk in front of defendant's building. The bags were "unopened" and "tightened," and there was enough room on the sidewalk for at least one person to pass by, unobstructed. Plaintiff's foot caught on one of the bags, she tripped forward, and she then slipped on what she...

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