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ANDINO v. CITY OF NEW YORK

200 A.D.2d 470 (1994)

606 N.Y.S.2d 620

Jose Andino, Jr., an Infant, by His Mother and Natural Guardian, Magalie Loubriel, et al., Respondents, v. City of New York, Respondent, and Cosmopolitan Building Maintenance Corporation, Appellant. (And a Third-Party Action.)

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

January 18, 1994

Plaintiff, a resident of a building owned by the City and managed through its Department of Housing Preservation and Development (HPD), alleges that he was injured when a portion of his bedroom ceiling collapsed on him. Plaintiff's guardian testified that she reported the defective condition of the ceiling to the building's superintendent, an employee of defendant Cosmopolitan, but that he failed to remedy the condition.

Despite testimony suggesting that the building...

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