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ABRAHAM v. DUTCH BROADWAY ASSOC. L.L.C.

Index No. 152394/17. Appeal No. 13394. Case No. 2020-03382.

192 A.D.3d 550 (2021)

2021 NY Slip Op 01711

Jaromir Abraham, Appellant, v. Dutch Broadway Associates L.L.C., Respondent, et al., Defendants.

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

Decided March 23, 2021.

Attorney(s) appearing for the Case

Law Offices of Elan Wurtzel, P.C., Plainview ( Elan Wurtzel of counsel), for appellant.

DeSena & Sweeney, LLP, Bohemia ( Shawn P. O'Shaughnessy of counsel), for respondent.

Concur— Webber, J.P., Oing, Kennedy, Scarpulla, JJ.

In this trip-and-fall action, plaintiff testified at his deposition that he fell on the sidewalk of a shopping center owned by Dutch, when his right foot came into contact with rolled-up carpets in front of a store, causing him to stumble, and that his other foot then got caught in an uneven crack in the sidewalk. The court properly found that Dutch had no notice of the carpets (see Prevost v One City Block LLC, 155 A.D.3d 531, 534...

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