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COVINGTON v. NEW YORK CITY HOUSING AUTHORITY

69, 150104/10.

135 A.D.3d 665 (2016)

24 N.Y.S.3d 273

2016 NY Slip Op 00609

TYRONE COVINGTON, Respondent, v. NEW YORK CITY HOUSING AUTHORITY, Appellant.

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

Decided January 28, 2016.

NYCHA failed to establish prima facie that it did not have constructive notice of the urine condition in its building's stairwell that caused plaintiff's accident. Its supervisor of caretakers stated that the caretaker assigned to the building conducted a "walk down" of the building on the morning of the accident in adherence to a routine cleaning schedule. However, NYCHA submitted no deposition testimony or affidavit by the caretaker...

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