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ESTELLE PENGE v. BOARD OF EDUCATION OF THE CITY OF NEW YORK

10 A.D.3d 251 (2004)

781 N.Y.S.2d 68

ESTELLE PENGE et al., Appellants, v. BOARD OF EDUCATION OF THE CITY OF NEW YORK, Respondent.

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

Decided August 5, 2004.

Plaintiff tore her right rotator cuff as a result of slipping and falling on a school staircase. She testified that she reached out for the missing adult handrail as she started to fall and that she continued falling until she hooked her arm around the child banister. Plaintiff's expert testified that good and accepted engineering practice requires adult handrails on the staircase and explained that, while gripping an adult banister will prevent an adult who is losing his...

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