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ZANKI v. CAHILL

2 A.D.3d 197 (2003)

768 N.Y.S.2d 471

ENISA ZANKI et al., Appellants, v. GERALD K. CAHILL et al., Defendants, and CUSHMAN & WAKEFIELD, INC., Defendant and Third-Party Plaintiff-Respondent. CALIFORNIA JKC PROPERTIES, INC., Third-Party Defendant-Respondent, et al., Third-Party Defendants.

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

December 11, 2003.

Plaintiff, seeking damages primarily for alleged psychological injuries, claims that she slipped while walking down a stairwell and fell down five or six steps to the landing. Plaintiff admits that she did not see what caused her to slip. She answered "no" when asked at her deposition whether she saw "anything on the stairs" either before or after her accident, and she further answered "no" when asked whether she had seen "any debris or liquids or anything in the stairwell...

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