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RODRIGUEZ v. BOARD OF EDUC. OF THE CITY OF NEW YORK

9498, 350367/08.

107 A.D.3d 651 (2013)

969 N.Y.S.2d 25

2013 NY Slip Op 4912

JOSE AQUINO RODRIGUEZ et al., Appellants, v. BOARD OF EDUCATION OF THE CITY OF NEW YORK, Respondent.

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

Decided June 27, 2013.

In this negligence action, it is alleged that the infant plaintiff was injured when he slipped and fell on liquid on the stairs of an elementary school. The notice of claim limited plaintiffs' theory of liability to negligent maintenance, upkeep and repair of the subject staircase, asserting that the infant plaintiff was caused to slip and fall due to a liquid substance on the floor and inadequate lighting. The infant plaintiff testified that he was caused to fall by "slippery...

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