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NOW PLAYING: Recent Sidewalk Case

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MR. LEONARD SLAVIT: A case that we recently had in court involved a woman pedestrian walking on a public sidewalk in Manhattan who trips and falls on a raised condition in front of a doorway to a building. She was not going to enter the building. She was walking along the street on the sidewalk and tripped when her shoe caught on the raised condition.

The defendant in the case argued you had to prove notice. You had to prove that the condition existed for a period of time that they would be responsible. What was most interesting is around this raised condition was a yellow strip of paint.

At the deposition of the witness for the defendant we acquired concerning that yellow paint. The testimony given was, oh, we've painting that for years and every time it needs to be coated again we repaint. There was the notice. Obviously they were more interested in repainting than the welfare of people walking along the sidewalk that would come in contact with this condition. Based upon our rebuttal the matter was recently settled and a very pleased client as a result.

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