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LOPEZ v. CITY OF NEW YORK

Index No. 450039/15. Appeal No. 13638. Case No. 2020-03422.

193 A.D.3d 594 (2021)

142 N.Y.S.3d 803

2021 NY Slip Op 02465

Luis A. Lopez et al., Appellants, v. City of New York, Respondent.

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

Decided April 22, 2021.

Attorney(s) appearing for the Case

Paul Ajlouny & Associates, P.C., Garden City ( Edward J. Nitkewicz of counsel), for appellants.

James E. Johnson , Corporation Counsel, New York ( Jonathan A. Popolow of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Mazzarelli, Mendez, Shulman, JJ.

Defendant met its initial burden of making a prima facie showing that it did not create the hazardous condition or have actual or constructive notice of its existence (see Branham v Loews Orpheum Cinemas, Inc., 8 N.Y.3d 931, 932 [2007]; Smith v Costco Wholesale Corp., 50 A.D.3d 499, 500 [1st Dept 2008]).

Plaintiff Luis Lopez (plaintiff) testified at his 50-h hearing that he believed...

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