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CORREA v. MANA CONSTRUCTION GROUP LTD.

Index No. 302073/16. Appeal No. 13406. Case No. 2020-01311.

192 A.D.3d 555 (2021)

2021 NY Slip Op 01716

Miriam Correa, Appellant, v. Mana Construction Group Ltd., Defendant, and City of New York, Respondent.

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

Decided March 23, 2021.

Attorney(s) appearing for the Case

Sacco & Fillas, LLP, Astoria ( James R. Baez of counsel), for appellant.

James E. Johnson , Corporation Counsel, New York ( John Moore of counsel), for respondent.

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

The motion court properly granted the City of New York's motion for summary judgment. Plaintiff's notice of claim, General Municipal Law § 50-h testimony, complaint, and verified bill of particulars alleged that she was injured when she tripped and fell on an "uneven, cracked, broken manhole" cover. For the first time in her opposition papers, plaintiff claimed that an unleveled and cracked sidewalk caused the trip-and-fall...

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