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RIVERA v. 2732 BAINBRIDGE ASSOC., L.L.C.

8573, 307799/11.

170 A.D.3d 411 (2019)

95 N.Y.S.3d 565

2019 NY Slip Op 01517

Carmen Rivera, Respondent, v. 2732 Bainbridge Associates, L.L.C., Appellant.

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

Decided March 5, 2019.

Defendant failed to establish that plaintiff's claim that a missing chunk from a stair located in its building caused decedent to fall was based on speculation (see Haibi v 790 Riverside Dr. Owners, Inc., 156 A.D.3d 144, 147 [1st Dept 2017]). The testimony of decedent's son that he was walking approximately three steps behind decedent at the time of her fall, witnessed her slip on a particular step, and that, shortly after the accident...

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