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DEJESUS v. NEW YORK CITY HOUSING AUTHORITY

46 A.D.3d 474 (2007)

848 N.Y.S.2d 641

INES DEJESUS, Respondent, v. NEW YORK CITY HOUSING AUTHORITY, Appellant.

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

Decided December 27, 2007.

Plaintiff tripped and fell on a sidewalk abutting premises controlled by defendant. The accident occurred near an area situated on the premises that was used to recycle garbage by the tenants in buildings on the premises. Plaintiff's notice of claim alleges that "garbage is permitted to accumulate outside the... area by virtue of the fact that [tenants] are directed to dispose of their garbage in ... the area, however, it is locked...

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