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MIELES v. NEW YORK CITY HOUSING AUTHORITY

280 A.D.2d 528 (2001)

720 N.Y.S.2d 385

JUAN C. MIELES, Respondent, v. NEW YORK CITY HOUSING AUTHORITY, Appellant.

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

Decided February 13, 2001.

Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the defendant's motion for summary judgment. The defendant failed to establish, as a matter of law, that it lacked constructive notice of the allegedly defective condition of the metal strip on the stairway which caused the plaintiff's injuries (see, Blake v City of Albany, 48 N.Y.2d 875; Hecker...

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