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MARTINEZ v. TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK

271 A.D.2d 223 (2000)

706 N.Y.S.2d 386

ESMERALDA MARTINEZ et al., Appellants, v. TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK et al., Respondents.

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

Decided April 4, 2000.

In this action seeking recovery for personal injuries resulting from a slip and fall accident, plaintiffs contend that the placement of a drop cloth by a painter hired by their landlord constituted a hidden, unsafe condition. In her deposition testimony, Esmeralda Martinez stated that she was aware that the painter had placed the drop cloth on the floor of the hallway within her apartment, that when she tripped she did not pay any attention to the drop cloth beneath her feet...

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