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SANTANA v. MELENDEZ

11092.

180 A.D.3d 569 (2020)

121 N.Y.S.3d 5

2020 NY Slip Op 01267

Zulmiria Santana, Respondent, v. Miguel Melendez et al., Appellants, and City of New York et al., Respondents.

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

Decided February 20, 2020.

Defendants demonstrated prima facie that their property abutting the sidewalk where plaintiff allegedly fell was a one-or two-family, owner-occupied residence, exempt from the sidewalk snow-removal obligations imposed by Administrative Code of City of NY § 7-210(b) (see Rios v Acosta, 8 A.D.3d 183, 185 [1st Dept 2004]). Contrary to plaintiff's argument, defendants' deposition testimony established that they resided in the property...

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