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GUO PING LI v. OVERSEAS PARTNERSHIP CO., INC.

10213, 156029/16.

176 A.D.3d 608 (2019)

109 N.Y.S.3d 636

2019 NY Slip Op 07726

Guo Ping Li, Respondent, v. Overseas Partnership Co., Inc., Appellant. (And a Third-Party Action.)

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

Decided October 29, 2019.

Attorney(s) appearing for the Case

Gannon, Rosenfarb & Drossman, New York ( Lisa L. Gokhulsingh of counsel), for appellant.

Law Office of Gary S. Park, P.C., Flushing ( Gary S. Park of counsel), for respondent.

Concur—Richter, J.P., Gische, Tom, Gesmer, Moulton, JJ.

Defendant failed to establish its prima facie entitlement to judgment as a matter of law in this action where plaintiff was injured when he tripped and fell on an uneven surface of the sidewalk abutting defendant's premises (see Dabbagh v Newmark Knight Frank Global Mgt. Servs., LLC, 99 A.D.3d 448, 450 [1st Dept 2012]). Plaintiff testified that two sections of the sidewalk had a difference in height, and identified the location as...

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