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THOMAS v. KENDALL

261 A.D.2d 964 (1999)

689 N.Y.S.2d 846

VIVIAN L. THOMAS, Appellant, v. MICHAEL KENDALL et al., Respondents. (Appeal No. 2.)

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

Decided May 7, 1999.

Judgment unanimously affirmed with costs.

Memorandum:

Plaintiff commenced this action to recover damages for injuries she sustained when she fell as she ascended the stairs to her apartment. Defendants own the two-family residence where the accident occurred. Supreme Court properly exercised its discretion in denying plaintiff's request to present evidence that prior accidents had occurred on the stairs. "It is...

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