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DENISON v. 300 E. 57TH ST. LLC

Index No. 152848/16. Appeal No. 14944-14944A. Case Nos. 2020-03035, 2021-00911.

201 A.D.3d 404 (2022)

156 N.Y.S.3d 719

2022 NY Slip Op 00006

Zoe Denison, Appellant, v. 300 East 57th Street LLC et al., Respondents, et al., Defendants.

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

Decided January 4, 2022.

Attorney(s) appearing for the Case

Law Office of Niall Macgiollabhui, New York (Niall Macgiollabhui of counsel), for appellant.

Weber Gallagher Simpson Stapleton Fires & Newby LLP, New York (Robert A. Suarez of counsel), for respondents.

Concur—Gische, J.P., Singh, Mendez, Shulman, Pitt, JJ.

Defendants established prima facie that the entrance through which the woman who assaulted plaintiff gained access to the premises was not negligently maintained (see Burgos v Aqueduct Realty Corp., 92 N.Y.2d 544, 550-551 [1998]). They submitted evidence that they posted a doorman trained in security at the entrance and the doorman's testimony that the two women entered together, that plaintiff confirmed that they were together,...

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