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VARON v. NEW YORK CITY DEPARTMENT OF EDUCATION

2013-10288

123 A.D.3d 810 (2014)

998 N.Y.S.2d 433

2014 NY Slip Op 08633

MORRIS VARON, Appellant, v. NEW YORK CITY DEPARTMENT OF EDUCATION et al., Respondents.

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

Decided December 10, 2014.

Ordered that the order is affirmed, with costs.

The plaintiff alleged that he fell down a single-step riser after entering a bathroom located in a building owned by the defendants. The top of the riser had been painted red earlier that year, which contrasted with the rest of the bathroom floor, and there were signs on the outside of the bathroom door warning individuals entering the bathroom to watch their step. The plaintiff testified that he did not know if there...

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