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FERNANDEZ v. VLA REALTY, LLC

45 A.D.3d 391 (2007)

845 N.Y.S.2d 304

MARK FERNANDEZ, Appellant, v. VLA REALTY, LLC, Respondent, et al., Defendant.

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

Decided November 15, 2007.

Plaintiff allegedly slipped while ascending an exterior staircase in defendants' building. However, his failure to identify the cause of his fall at his deposition was fatal to his case under the circumstances presented (see Pena v Women's Outreach Network, Inc., 35 A.D.3d 104, 109 [2006]; D'Ambra v New York City Tr. Auth., 16 A.D.3d 101 [2005]). Issues of fact and credibility are not ordinarily...

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