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JOHNNIE MAE WRIGHT, plf-ap, v. FRAWLEY PLAZA HOUSES, INC., def-res

10310. JOHNNIE MAE WRIGHT, plf-ap, v. FRAWLEY PLAZA HOUSES, INC., def-res — Sim & Record, LLP, Bayside (Sang J. Sim of counsel), for ap — Curan & Ahlers, LLP, White Plains (Keith J. Ahlers of counsel), for res — Order, Supreme Court, New York County (Paul Wooten, J.), entered January 27, 2012, which granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

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10310. JOHNNIE MAE WRIGHT, plf-ap, v. FRAWLEY PLAZA HOUSES, INC., def-res — Sim & Record, LLP, Bayside (Sang J. Sim of counsel), for ap — Curan & Ahlers, LLP, White Plains (Keith J. Ahlers of counsel), for res — Order, Supreme Court, New York County (Paul Wooten, J.), entered January 27, 2012, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiff was injured when, while on the second-floor plaza of defendant’s building, she leaned over the parapet wall that surrounded the plaza and fell to the ground. Defendant established its entitlement to judgment as a matter of law by submitting, inter alia, photographs of the plaza showing the absence of any actionable defects (see Tagle v. Jakob, 97 NY2d 165, 169-170 [2001]), and the affidavit of an expert who opined that the parapet wall surrounding the plaza complied with the Building Code (see Administrative Code of City of NY §27-334).

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