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GARCIA v. GOOD HOME REALTY, INC.

1355.

67 A.D.3d 424 (2009)

888 N.Y.S.2d 40

2009 NY Slip Op 07938

JORGINA GARCIA, Appellant, v. GOOD HOME REALTY, INC., Respondent.

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

Decided November 5, 2009.

Defendant established its prima facie entitlement to summary judgment by showing that it neither created, nor had actual or constructive notice of the defective condition that caused plaintiff's fall (see Smith v Costco Wholesale Corp., 50 A.D.3d 499, 500-501 [2008]). Defendant submitted, inter alia, the deposition testimony of one of its employees who said that after plaintiff's fall he inspected the stairs and saw that they were...

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