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TORO v. CITY OF NEW YORK

196 A.D.2d 864 (1993)

601 N.Y.S.2d 959

Rudolfo Toro, an Infant, by His Mother and Natural Guardian, Maritza Soto, et al., Appellants, v. City of New York, Defendant, and New York City Housing Authority, Respondent

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

September 27, 1993

Ordered that the order is affirmed, with costs.

The plaintiffs moved to amend their notice of claim so as to correct the date on which the infant plaintiff Rudolfo Toro allegedly slipped and fell down a flight of stairs. According to the original notice of claim and the complaint served, the infant plaintiff was caused to fall down a flight of steps by reason of a puddle of water surrounding debris on the landing to the staircase. As the condition complained of was...

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