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ALEXANDER v. NEW YORK CITY TRANSIT

34 A.D.3d 312 (2006)

824 N.Y.S.2d 262

SUSAN ALEXANDER, Appellant, v. NEW YORK CITY TRANSIT, Defendant, and MANHATTAN MALL, LLC, et al., Respondents. MANHATTAN MALL, LLC, Third-Party Plaintiff-Respondent, v. ONESOURCE FACILITIES SERVICES, INC., Third-Party Defendant-Appellant.

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

Decided November 16, 2006.

This is a personal injury action in which plaintiff claims that she was injured when, while descending a stairway leading from the Manhattan Mall to the 34th Street subway station, her foot got caught in a hole in the tile floor on a landing, causing her ankle to twist. Plaintiff maintains that she lost her balance as a result, and fell down an entire set of steps. Manhattan Mall (the Mall) owns the premises in question, and had contracted with defendant, third-party defendant...

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