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KOVELSKY v. CITY UNIV. OF NEW YORK

221 A.D.2d 234 (1995)

634 N.Y.S.2d 1

Damon Kovelsky, an Infant, by His Mother and Natural Guardian, Gloria Kovelsky, Appellant, v. City University of New York, Respondent. (Claim No. 79257.)

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

November 21, 1995

Claimant failed to establish that defendant had created a dangerous condition, or had constructive or actual knowledge that there was moisture on the second floor of the building and that defendant could have prevented the condition through reasonable care (Miller v Gimbel Bros., 262 N.Y. 107).

Defendant was not required to cover all of its floors with mats, nor to continuously mop up all moisture resulting from tracked...

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