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NISIMOVA v. CITY OF NEW YORK

2015-08790, Index No. 16052/13.

145 A.D.3d 1023 (2016)

2016 NY Slip Op 08875

45 N.Y.S.3d 129

TAMARA NISIMOVA, Respondent, v. CITY OF NEW YORK, Respondent, and 147-03 73RD AVENUE, LLC, Appellant.

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

Decided December 28, 2016.

Ordered that the order is affirmed, with one bill of costs.

On March 29, 2013, the plaintiff was walking on the sidewalk abutting property located at 147-03 73rd Avenue in Queens when she tripped over a raised sidewalk flag, fell, and allegedly sustained personal injuries. At the time of the accident, the property abutting the raised sidewalk flag was owned by the defendant 147-03 73rd Avenue, LLC (hereafter the appellant).

The plaintiff commenced this action...

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