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PARRA v. CITY OF NEW YORK

13995, 104732/11.

137 A.D.3d 532 (2016)

27 N.Y.S.3d 36

2016 NY Slip Op 01759

LUCILA PARRA, Respondent-Appellant, v. CITY OF NEW YORK, Defendant, and 175 DYCKMAN LLC et al., Appellants-Respondents.

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

Decided March 15, 2016.

In this action for personal injuries allegedly sustained by plaintiff when she tripped over a sidewalk defect, defendants demonstrated that they lacked actual and constructive notice of the defective condition. Defendants submitted plaintiff's testimony that she had never seen the defect before, and had no knowledge of prior accidents or complaints and the testimony of defendant Payless's assistant store manager that the sidewalk...

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