Ordered that the order is affirmed, with costs.
The plaintiff allegedly tripped and fell over a raised fuel oil cap in a sidewalk. The respondent, Repco Fuel Oil Co., Inc., conceded that it made fuel deliveries to the subject premises. However, the respondent established a prima facie case of entitlement to judgment as a matter of law by demonstrating that it did not create the allegedly dangerous condition. The plaintiff's circumstantial evidence that the respondent...
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