TUBENS v. NEW YORK CITY HOUS. AUTH.


248 A.D.2d 291 (1998)

670 N.Y.S.2d 468

Olivia M. Tubens, Appellant, v. New York City Housing Authority, Respondent

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

March 26, 1998


On January 17, 1994, shortly before 1:00 P.M., plaintiff fractured her ankle when she fell on the snow and ice-covered steps of a building owned by defendant Housing Authority. While it had been snowing on the morning of the accident, it was plaintiff's contention, based on weather reports and her hearing and deposition testimony, that the ice that caused her fall was at least five days old. The IAS Court granted defendant's motion for summary judgment to dismiss the complaint...

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