RAPOSO v. NEW YORK CITY HOUSING AUTHORITY

Nos. 7362, 302145/10.

94 A.D.3d 533 (2012)

942 N.Y.S.2d 337

2012 NY Slip Op 2774

JOSE RAPOSO, Respondent, v. NEW YORK CITY HOUSING AUTHORITY, Appellant.

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

Decided April 12, 2012.


Defendant established its prima facie entitlement to judgment as a matter of law by establishing that it did not have notice of the condition that allegedly caused plaintiff to fall. Defendant's caretaker testified that he followed the janitorial schedule pursuant to which he would have inspected all the staircases in the morning and afternoon, mopped the stairs any time he encountered a wet condition, replaced any light bulbs that were not functioning, and reported the condition...

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