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D'ANGELO v. DELUCIA

283 A.D.2d 385 (2001)

723 N.Y.S.2d 769

ANTOINETTE D'ANGELO et al., Appellants, v. FRED S. DELUCIA et al., Respondents.

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

Decided May 7, 2001.

Ordered that the order is affirmed, with costs.

The plaintiffs' evidence submitted in opposition to the defendants' motion for summary judgment demonstrated that the alleged defect, a height differential between the grass and the sidewalk abutting the defendants' property, was readily observable by the reasonable use of the injured plaintiff's senses (see, Canetti v AMCI, Ltd., 281 A.D.2d 381; Connor v Taylor Rental Ctr...

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