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FALCONE v. IBARRA

2008-08383

67 A.D.3d 858 (2009)

889 N.Y.S.2d 238

2009 NY Slip Op 08582

WILLIAM FALCONE et al., Appellants, v. ALEJANDRA IBARRA et al., Respondents.

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

Decided November 17, 2009.

Ordered that the order is reversed, on the law, with costs, and the motion of the defendants IESI NY Corporation and D.C. Properties, Inc., for summary judgment dismissing the complaint and all cross claims insofar as asserted against them is granted.

On February 19, 2003 the injured plaintiff tripped and fell after stepping into a hole in a street in Brooklyn, approximately 10 to 15 feet away from a garbage transfer facility...

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