DE LUKE v. STATE


169 A.D.2d 916 (1991)

Donna A. De Luke, Appellant, v. State of New York, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

January 10, 1991


Weiss, J.

On November 4, 1986, claimant, a student at the State University of New York at Cobleskill in Schoharie County fell while descending a flight of stairs located between her dormitory at Fake Hall and Champlin Dining Hall where she ate her meals. Claimant testified that when she placed her left foot on to the first stair "[t]he stair gave way and broke loose and crumbled off and I fell to the landing". Following a bifurcated trial on the issue...

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