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POWELL v. CENTERS FC REALTY, LLC

11411.

182 A.D.3d 495 (2020)

120 N.Y.S.3d 766

2020 NY Slip Op 02372

Claudia Powell, Appellant, v. Centers FC Realty, LLC, Respondent.

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

Decided April 23, 2020.

Defendant established its prima facie entitlement to judgment as a matter of law by submitting evidence showing that the alleged sidewalk defect was a trivial defect and not actionable as a matter of law (see Hutchinson v Sheridan Hill House Corp., 26 N.Y.3d 66, 79 [2015]; Trincere v County of Suffolk, 90 N.Y.2d 976, 977 [1997]). In opposition, plaintiff failed to raise a triable issue of...

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