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JONES v. 3417 BROADWAY LLC

9362, 21019/13E.

172 A.D.3d 551 (2019)

98 N.Y.S.3d 743

2019 NY Slip Op 03914

Eric Jones, Appellant, v. 3417 Broadway LLC et al., Respondents, et al., Defendants.

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

Decided May 21, 2019.

Defendants established their prima facie entitlement to judgment as a matter of law by submitting evidence showing that the hole in the sidewalk that caused plaintiff's fall was within 12 inches from a metal grate owned by the City of New York, and therefore they were not responsible for maintaining or repairing the sidewalk at that location (34 RCNY 2-07 [b] [1], [2]; see Storper v Kobe Club, 76 A.D.3d...

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