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VIZCAINO v. PARK LANE MOSHOLU, LLC

11046.

180 A.D.3d 524 (2020)

115 N.Y.S.3d 888

2020 NY Slip Op 01122

Carmen Vizcaino, Respondent, v. Park Lane Mosholu, LLC, et al., Appellants, and City of New York, Respondent.

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

Decided February 18, 2020.

Defendants failed to make a prima facie showing that the defect that caused plaintiff's fall was located entirely within the curb (e.g. Rojas v Empire City Subway Co. Ltd., 173 A.D.3d 626 [1st Dept 2019]; Rios Cruz v Mall Props., Inc., 145 A.D.3d 463 [1st Dept 2016]; Yousef v Kyong Jae Lee, 103 A.D.3d 542 [1st Dept 2013]). Plaintiff's nonspecific testimony and the circles she placed...

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