BETHEA v. WESTON HOUSE HOUS. DEV. FUND CO., INC.


70 A.D.3d 470 (2010)

895 N.Y.S.2d 364

ALFONSO BETHEA, Appellant, v. THE WESTON HOUSE HOUSING DEVELOPMENT FUND COMPANY, INC., et al., Respondents. (And a Third-Party Action.)

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

Decided February 11, 2010.


Plaintiff alleges in his complaint and testified at his deposition that he was injured when, while ascending a staircase and transporting 30 to 40 pounds of canned goods on a hand truck, he slipped and fell down several stairs because the lighting was poor, the handrail was loose and there was dust everywhere because of the installation of a new elevator in the building. However, the record shows that on the day after the accident, plaintiff signed an incident report stating...

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