FRANCIS v. 107-145 WEST 135TH STREET ASSOCIATES, LIMITED PARTNERSHIP


70 A.D.3d 599 (2010)

895 N.Y.S.2d 400

JUANITA FRANCIS, Respondent, v. 107-145 WEST 135TH STREET ASSOCIATES, LIMITED PARTNERSHIP, Appellant.

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

Decided February 25, 2010.


Plaintiff asserts that a protruding metal grate covering a heater on a stairwell landing in defendant's apartment building caught the back of her pants, causing her to fall down the stairs. We reject defendant's argument that it is entitled to summary judgment based on plaintiff's deposition testimony that she had previously observed the protruding metal and knew that the building had an elevator that could have been used instead of the stairs. First, plaintiff's testimony...

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