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SYLLA v. CONDOMINIUM BOARD OF THE KIPS BAY TOWERS CONDOMINIUM, INC.

451216/14 5883 5882.

159 A.D.3d 430 (2018)

71 N.Y.S.3d 70

2018 NY Slip Op 01414

ISMAEL SYLLA, Appellant, v. CONDOMINIUM BOARD OF THE KIPS BAY TOWERS CONDOMINIUM, INC., et al., Respondents, et al., Defendant.

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

Decided March 1, 2018.

Defendants established prima facie that they neither created nor had any notice of a dangerous condition on their driveway, where plaintiff, a bicycle messenger making a delivery to the building, lost control and fell off his bicycle (see DeRosa v City of New York, 30 A.D.3d 323, 325 [1st Dept 2006]). Photographs taken shortly after the accident do not show any dangerous condition, and the building manager testified that he saw no...

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