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ARNOLD v. NEW YORK CITY HOUSING AUTHORITY

296 A.D.2d 355 (2002)

745 N.Y.S.2d 26

JUDITH D. ARNOLD, Respondent, v. NEW YORK CITY HOUSING AUTHORITY, Appellant. (And a Third-Party Action.)

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

Decided July 18, 2002.

In this personal injury action, plaintiff alleged that she tripped on broken floor tiles in the apartment of a friend, Bobbie Bowles, the tenant of record of defendant New York City Housing Authority (NYCHA). Claiming lack of actual or constructive notice of a tile defect, NYCHA moved for summary judgment relying, in part, upon testimony of a maintenance worker who said that he had been in the Bowles apartment "maybe five times" prior to the date of the accident, did not...

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