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GARRIS v. CITY OF NEW YORK

65 A.D.3d 953 (2009)

885 N.Y.S.2d 491

REBECCA GARRIS, Respondent, v. CITY OF NEW YORK et al., Defendants, and JOSEPH ORBACH et al., Appellants.

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

Decided September 24, 2009.

Lighthouse met its burden on summary judgment with a prima facie showing establishing as a matter of law that plaintiff did not trip on the sidewalk, but rather on a "gap" between the metal portion of the curb and the concrete portion of the curb, and that Lighthouse neither caused nor created the defect involved in plaintiff's accident (see Miller v City of New York, 253 A.D.2d 394, 395-396 [1998]). Since Administrative Code of...

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