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LOVELL v. THOMPSON

1877, 303930/12.

143 A.D.3d 511 (2016)

2016 NY Slip Op 06736

39 N.Y.S.3d 420

DONNA LOVELL et al., Appellants, v. MARC THOMPSON et al., Respondents.

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

Decided October 13, 2016.

Defendants established prima facie that they did not cause or create the defect in the stairs in their home that allegedly caused plaintiff Donna Lovell to fall and that they had no actual or constructive notice of any such defect (see Mercer v City of New York, 88 N.Y.2d 955 [1996]; Kelly v Berberich, 36 A.D.3d 475 [2007], appeal withdrawn 8 N.Y.3d 943

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