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BINGELL v. COUNTY OF SCHUYLER

260 A.D.2d 926 (1999)

688 N.Y.S.2d 839

LEIF A. BINGELL, Appellant, v. COUNTY OF SCHUYLER, Respondent.

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

Decided April 22, 1999.

Peters, J.

Plaintiff commenced this action for personal injuries he sustained when a handrail gave way causing him to fall on defendant's stairway. Following joinder of issue, defendant moved for summary judgment alleging that its lack of notice of the defective condition was fatal to plaintiff's claim. In support of its motion, defendant submitted the examination before trial testimony of two of its employees: David Lisk...

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