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GONZALEZ v. BOARD OF EDUCATION OF CITY OF YONKERS

298 A.D.2d 358 (2002)

751 N.Y.S.2d 256

MALTA GONZALEZ, Respondent, v. BOARD OF EDUCATION OF CITY OF YONKERS, Appellant.

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

Decided October 7, 2002.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

On October 24, 1995, at 8:35 A.M., the plaintiff tripped and fell on a stairway located in front of the Enrico Fermi School of Performing Arts in the City of Yonkers. According to the subsequent notice of claim, the plaintiff fell on "the first step of the lower section of the steps which step had a metal slippery...

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