MALDONADO v. CITY OF NEW YORK

6969, 14892/99.

93 A.D.3d 407 (2012)

939 N.Y.S.2d 60

2012 NY Slip Op 1552

NORMA IRIS MALDONADO, Respondent, v. CITY OF NEW YORK et al., Defendants, and NEW YORK CITY BOARD OF EDUCATION, Appellant.

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

Decided March 1, 2012.


Although defendant's submissions in support of the motion, including the testimony of the custodian of the school, indicated that the area of the accident was inspected and cleaned on the morning of the accident, plaintiff's fall did not occur until after 7:00 P.M. and there was evidence of ongoing construction in the area of the stairs. Under these circumstances, defendant failed to meet its initial burden of showing that it did not have constructive notice of the alleged...

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