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DE PEPIN v. BERIK MGT., INC.

153417/18. Appeal No. 12399. Case No. 2020-01719.

188 A.D.3d 525 (2020)

132 N.Y.S.3d 618

2020 NY Slip Op 06707

Rosanna Mercado De Pepin et al., Respondents, v. Berik Management, Inc., et al., Appellants.

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

Decided November 17, 2020.

Defendants established prima facie entitlement to summary judgment through the testimony of the apartment building's superintendent that he examined the stairs on which plaintiff fell on the date of her accident and found no defects. He further said that no one had fallen down those stairs until plaintiff's accident (see Manderson v Phipps Houses Servs., Inc., 173 A.D.3d 459 [1st Dept 2019]; see also Roman v Met-Paca II Assoc., L.P., 85 A.D...

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