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LOUNIAKOV v. M.R.O.D. REALTY CORP.

282 A.D.2d 657 (2001)

724 N.Y.S.2d 70

YEVGENY LOUNIAKOV et al., Appellants, v. M.R.O.D. REALTY CORP. et al., Respondents.

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

Decided April 23, 2001.

Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.

The plaintiff Yevgeny Louniakov alleges that on May 17, 1996, he tripped on a defect on the stairs at premises owned by the respondent M.R.O.D. Realty Corp. (hereinafter MROD). He testified at his examination before trial that he tripped on a crack on the third step from the top on the second flight of stairs. This evidence adequately describes both the...

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