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GUO PING LI v. OVERSEAS PARTNERSHIP CO., INC.

10213, 156029/16.

176 A.D.3d 608 (2019)

109 N.Y.S.3d 636

2019 NY Slip Op 07726

Guo Ping Li, Respondent, v. Overseas Partnership Co., Inc., Appellant. (And a Third-Party Action.)

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

Decided October 29, 2019.

Attorney(s) appearing for the Case

Gannon, Rosenfarb & Drossman, New York (Lisa L. Gokhulsingh of counsel), for appellant.

Law Office of Gary S. Park, P.C., Flushing (Gary S. Park of counsel), for respondent.

Concur—Richter, J.P., Gische, Tom, Gesmer, Moulton, JJ.

Defendant failed to establish its prima facie entitlement to judgment as a matter of law in this action where plaintiff was injured when he tripped and fell on an uneven surface of the sidewalk abutting defendant's premises (see Dabbagh v Newmark Knight Frank Global Mgt. Servs., LLC, 99 A.D.3d 448, 450 [1st Dept 2012]). Plaintiff testified that two sections of the sidewalk had a difference in height, and identified the location as...

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