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JUHASZ v. B-21 CO.

284 A.D.2d 305 (2001)

725 N.Y.S.2d 555

ROSALIA JUHASZ et al., Respondents, v. B-21 CO., Doing Business as BROADWAY SHOPPING CENTER et al., Respondents, GIUNTA BROTHERS, INC., Appellant, et al., Defendant.

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

Decided June 4, 2001.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

There is a question of fact as to whether the appellant had notice of the condition that allegedly caused the plaintiff to fall, and whether the appellant was solely responsible for maintaining the area where the accident occurred (see, Fundaro v City of New York, 272 A.D.2d 516; Weisenthal v Pickman, 153 A.D.2d 849...

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