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SAFFORE v. FASINRO

59 A.D.3d 288 (2009)

874 N.Y.S.2d 39

SHERIN SAFFORE, Appellant, v. ABDULAKEEM FASINRO, Respondent.

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

Decided February 24, 2009.

Defendant testified at deposition that about three months before the accident, he received a complaint from plaintiff's daughter about a leak, which he discovered was caused by an upstairs toilet that clogged and overflowed, and which he immediately fixed by shutting off the water to the toilet and, the next morning, having his relatives clear the clog. Defendant further testified that neither plaintiff nor her daughter again complained...

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