AZUMALLY v. 16 WEST 19TH LLC

2009-11890.

79 A.D.3d 922 (2010)

913 N.Y.S.2d 730

CECILIA AZUMALLY et al., Respondents, v. 16 WEST 19TH LLC et al., Appellants, et al., Defendant.

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

Decided December 17, 2010.


Ordered that the order is reversed, on the law, with costs, and the defendants' motion is granted.

The plaintiff Cecilia Azumally "stepped" with her right foot "into [a] waste paper basket" in a photocopy room at her place of employment, skidded, and fell onto the floor, allegedly sustaining personal injuries. The plaintiffs alleged that the photocopy room was dimly lit and that the waste basket was not in the place where it was usually situated. The appellants failed...

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