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TRINIDAD v. CATSIMATIDIS

Index No. 304188/13. Appeal No. 12748. Case No. 2020-02720.

190 A.D.3d 444 (2021)

140 N.Y.S.3d 482

2021 NY Slip Op 00047

Yolanda Trinidad, Appellant, v. John Catsimatidis, Respondent.

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

Decided January 5, 2021.

Attorney(s) appearing for the Case

Ami Morgenstern, Attorney-at-Law, PLLC, Long Island City (Marc Andrew Williams of counsel), for appellant.

Law Office of Nicholas C. Katsoris, New York (Nicole S. Lam of counsel), for respondent.

Concur—Renwick, J.P., Gische, Kern, Oing, Mendez, JJ.

Although defendant established that he lacked actual notice of any hazardous condition on the property and that there had been no complaints or violations involving the alleged defective sidewalk before plaintiff's accident (Gomez v Congregation K'Hal Adath Jeshurun, Inc., 104 A.D.3d 456, 456 [1st Dept 2013]), triable issues exist as to whether defendant had constructive notice of the raised flag (see Molinari v 167 Hous. Corp...

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