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ALMONTE v. 638 WEST 160 LLC

1060, 304912/11.

139 A.D.3d 439 (2016)

29 N.Y.S.3d 178

2016 NY Slip Op 03584

LORENZO ALMONTE, Respondent, v. 638 WEST 160 LLC, Appellant.

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

Decided May 5, 2016.

Defendant failed to make a prima facie showing of its entitlement to judgment as a matter of law (Winegrad v New York Univ. Med. Ctr., 64 N.Y.2d 851, 853 [1985]). Plaintiff testified at his deposition that he slipped due to a loose step on a stairway in a building owned by defendant. Any ambiguity in his testimony as to the cause of his fall is attributable to his attempt at humor and to the fact that he was testifying through an...

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