Given the allegations in plaintiff's notice of claim, asserting, inter alia, a "leaky" or wet condition in the subject subway stairwell, defendant's proffer, in support of its motion for summary judgment, of plaintiff's statutory hearing testimony that she slipped on something wet on the stairs did not establish, as a matter of law, that defendant lacked notice of the watery condition. Further, to the extent that the motion court relied on the accident reports that were unaccompanied...
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