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FISHER v. JRMR REALTY CORP.

63 A.D.3d 677 (2009)

880 N.Y.S.2d 187

LINDA FISHER, Appellant, v. JRMR REALTY CORP., Respondent, et al., Defendant. (And a Third-Party Action.)

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

Decided June 2, 2009.

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

The plaintiff allegedly fell due to an uneven sidewalk abutting premises owned by the defendant JRMR Realty Corp. (hereinafter JRMR). There was a tree near the curb of the sidewalk, and the plaintiff fell in close proximity to the tree. The plaintiff stated at her deposition that she traversed this area on a regular basis and never noticed the uneven condition of the sidewalk before she fell...

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