On January 30, 2001, plaintiff slipped and fell while ascending a set of interior stairs inside the "E" train subway station located at 53rd Street and Fifth Avenue. Despite acknowledging that "[i]t was raining like crazy that day," plaintiff testified at his General Municipal Law § 50-h hearing and pretrial deposition that the watery condition on the stairs was caused by a leaking pipe located in the area where the right-hand wall and ceiling met. Plaintiff further...
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