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HAYNIE v. NEW YORK CITY HOUSING AUTHORITY

Nos. 6645, 304124/08.

95 A.D.3d 594 (2012)

944 N.Y.S.2d 104

2012 NY Slip Op 3755

KEVIN HAYNIE, Respondent, v. NEW YORK CITY HOUSING AUTHORITY, Appellant.

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

Decided May 15, 2012.

Plaintiff alleges that his trip and fall accident was caused by a dangerous condition on a pathway to the backyard of defendant's premises. The large chunks of concrete that plaintiff knowingly traversed while carrying a 28-foot, 40- to 50-pound ladder was not a dangerous condition as a matter of law. This case is on all fours with McGrath v Lake Tree Vil. Assoc. (216 A.D.2d 877 [1995]) in which the Court held that a property owner...

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