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BENN v. MUNICIPAL HOUSING AUTHORITY FOR CITY OF YONKERS

275 A.D.2d 755 (2000)

713 N.Y.S.2d 544

BYRON BENN, Respondent, v. MUNICIPAL HOUSING AUTHORITY FOR CITY OF YONKERS, Appellant, et al., Defendant.

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

Decided September 25, 2000.

Ordered that the order is affirmed, with costs.

The plaintiff, a security guard in a housing project owned and maintained by the appellant, allegedly slipped on a beer bottle and fell down a flight of stairs as he was descending from the third to the second floor on his tour of duty. The plaintiff testified that tenants in the building had been piling garbage in the stairwells daily since the incinerators had stopped working, and that the light fixtures for the second...

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