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SANTOS v. STATE OF NEW YORK

290 A.D.2d 271 (2002)

736 N.Y.S.2d 330

RAQUEL DE LOS SANTOS, Respondent, v. STATE OF NEW YORK, Appellant.

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

Decided January 10, 2002.

The 80%-20% apportionment is supported by a fair interpretation of the evidence (see, Thoreson v Penthouse Intl., 80 N.Y.2d 490, 495; Northern Westchester Professional Park Assoc. v Town of Bedford, 60 N.Y.2d 492, 499). The trial evidence shows that, on the day of the accident, defendant failed to take its usual rainy day precautions of putting down mats at the top and bottom of the staircase...

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