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TSOTAKOS v. TSE GROUP, LLC

Index No. 159763/17. Appeal No. 13064. Case No. 2020-00854.

191 A.D.3d 495 (2021)

138 N.Y.S.3d 299

2021 NY Slip Op 00822

Nancy Tsotakos, Respondent, v. TSE Group, LLC, et al., Appellants.

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

Decided February 9, 2021.

Attorney(s) appearing for the Case

Segal McCambridge Singer & Mahoney, Ltd., New York ( Carla Varriale of counsel), for appellants.

Roura & Melamed, New York ( Alexander J. Wulwick of counsel), for respondent.

Concur—Renwick, J.P., Kern, Mazzarelli, Oing, JJ.

Summary judgment was properly denied in this action where plaintiff was injured when she fell on an interior staircase in defendant's premises, since defendant failed to show that it lacked constructive notice of the defect on the step. Its manager testified that the photographs taken about a month after the accident accurately represented the condition on the steps before and on the day of the accident, and that they showed a...

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