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RODRIGUEZ v. NEW YORK CITY HOUSING AUTHORITY

Nos. 8934, 300689/09.

102 A.D.3d 407 (2013)

959 N.Y.S.2d 127

2013 NY Slip Op 13

LUZ RODRIGUEZ, Appellant, v. NEW YORK CITY HOUSING AUTHORITY, Respondent.

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

Decided January 3, 2013.

Defendant made a prima facie showing of its entitlement to judgment as a matter of law with evidence that it neither created nor had actual or constructive notice of the allegedly hazardous condition (Smith v Costco Wholesale Corp., 50 A.D.3d 499, 500 [1st Dept 2008]). The caretaker who cleaned the building on the day before the early-morning accident testified that she inspected the subject stairs twice every morning and once every...

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