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SAMON v. ROOSEVELT IS. OPERATING CORP.

Index No. 157628/18. Appeal No. 15344. Case No. 2021-02227.

202 A.D.3d 607 (2022)

159 N.Y.S.3d 837

2022 NY Slip Op 01133

Jennifer Samon, Appellant, v. Roosevelt Island Operating Corporation, Respondent.

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

Decided February 22, 2022.

Attorney(s) appearing for the Case

Arnold E. DiJoseph, P.C., New York ( Arnold E. DiJoseph, III of counsel), for appellant.

McGaw & Alventosa, Jericho ( Ross P. Masler of counsel), for respondent.

Concur—Renwick, J.P., Kennedy, Scarpulla, Rodriguez, Higgitt, JJ.

Defendant established its entitlement to judgment as a matter of law in this action where plaintiff was injured when she tripped and fell on the base of a pedestrian stop sign located in the middle of a crosswalk. Defendant established prima facie that it did not cause or create or have actual or constructive notice of the missing top of the sign. Defendant's maintenance supervisor testified that the sign was not damaged when he...

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