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DELVALLE v. 1733 UNICO LLC

Index No. 302535/16. Appeal No. 15324. Case No. 2021-01709.

202 A.D.3d 568 (2022)

163 N.Y.S.3d 519

2022 NY Slip Op 01098

Mary Delvalle, Respondent, v. 1733 Unico LLC et al., Appellants.

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

Decided February 17, 2022.

Attorney(s) appearing for the Case

Lesch & Lesch, P.C., Bronx ( Beth S. Gereg of counsel), for appellants.

Kenneth J. Gorman , New York, for respondent.

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

Defendants established their prima facie entitlement to summary judgment by submitting the affidavit of their superintendent (Baez) who described his daily inspection routine. They also provided video footage from a surveillance camera showing plaintiff walking down the stairs and capturing her fall at approximately 8:45 a.m. Defendants contend the video shows no windows were open and that plaintiff was looking down at her cell...

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