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CUENCA v. CITY OF NEW YORK

10582. 23153/14.

178 A.D.3d 602 (2019)

2019 NY Slip Op 09355

Misleidy Cuenca, Appellant, v. City of New York et al., Defendants, and Dominican Sisters of Hope, Inc., et al., Respondents.

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

Decided December 26, 2019.

Attorney(s) appearing for the Case

Parker Waichman LLP, Port Washington (Jay L. T. Breakstone of counsel), for appellant.

Schwab & Gasparini, PLLC, White Plains (Louis U. Gasparini of counsel), for Dominican Sisters of Hope, Inc. and Dominican Sisters Family Health Services, Inc., respondents.

Burke, Conway & Stiefeld, White Plains (Chikodi E. Emerenini of counsel), for Capri Landscaping, Inc., respondent.

Concur—Gische, J.P., Mazzarelli, Singh, Moulton, JJ.

Defendants each established their prima facie entitlement to judgment as a matter of law in this action where plaintiff was injured when she tripped and fell on the sidewalk. Dominican showed that they had no liability for plaintiff's trip and fall since plaintiff fell in front of 278 Alexander Avenue while Dominican's premises was located at 280 Alexander Avenue. Dominican relied, in part, on the expert testimony of a surveyor that shows that the location of the accident...

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