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CASTILLO-SAYRE v. CITARELLA OPERATING LLC

Index No. 160716/15. Appeal No. 14068. Case No. 2020-03852.

195 A.D.3d 513 (2021)

145 N.Y.S.3d 785

2021 NY Slip Op 03906

Nancy Castillo-Sayre et al., Respondents, v. Citarella Operating LLC, Appellant.

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

Decided June 17, 2021.

Attorney(s) appearing for the Case

Weber Gallagher Simpson Stapleton Fires & Newby, LLP, New York ( Robert A. Suarez of counsel), for appellant.

Jacoby & Meyers, LLP, Newburgh ( James W. Shuttleworth, III of counsel), for respondents.

Concur— Acosta, P.J., Webber, Mazzarelli, Kennedy, JJ.

Defendant failed to establish prima facie that it lacked actual or constructive notice of the "fish guts" on the sidewalk adjacent to its market (see Velocci v Stop & Shop, 188 A.D.3d 436, 439 [1st Dept 2020]; Pfeuffer v New York City Hous. Auth., 93 A.D.3d 470, 471-472 [1st Dept 2012]). Defendant's burden as movant was not satisfied by its merely pointing to perceived gaps in plaintiffs...

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