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PERALTA v. HENRIQUEZ

292 A.D.2d 514 (2002)

739 N.Y.S.2d 196

ADDYS PERALTA, Respondent, v. RAPHAEL HENRIQUEZ et al., Appellants, et al., Defendants.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided March 18, 2002.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

Since the appellant Raphael Henriquez testified at trial that he permitted tenants and guests to park in the appellants' lot 24 hours per day, the appellants had a duty to provide adequate lighting in the lot at the time of the plaintiff's accident (see, Gallagher v St. Raymond's R.C. Church, 21 N.Y.2d 554). Therefore, the plaintiff sufficiently established...

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