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SMITH v. STATE OF NEW YORK

260 A.D.2d 819 (1999)

688 N.Y.S.2d 774

CLAUDE SMITH et al., Appellants, v. STATE OF NEW YORK, Respondent.

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

Decided April 15, 1999.

Peters, J.

Claimant Claude Smith (hereinafter Smith) slipped and fell on January 15, 1996 at approximately 9:00 A.M. while approaching building 10 of the Oswald D. Heck Developmental Center (hereinafter the facility) in Schenectady County. At the time, Smith was carrying his infant daughter to her day-care program located inside the facility. As a result of the fall, Smith and his wife, derivatively, filed a claim against the State alleging that it failed to maintain...

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