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WERNICK v. CITY OF NEW YORK

40 A.D.3d 351 (2007)

834 N.Y.S.2d 469

RACHEL WERNICK et al., Appellants, v. CITY OF NEW YORK et al., Respondents.

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

Decided May 15, 2007.

Defendants demonstrated prima facie that they had no actual or constructive notice of the condition on the subway station staircase that allegedly caused plaintiff's injuries, and plaintiffs' submissions failed to raise an issue of fact in that regard (Goldman v Waldbaum, Inc., 248 A.D.2d 436 [1998], lv denied 92 N.Y.2d...

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