JAVIER v. NEW YORK CITY HOUS. AUTH.

6643, 154636/13.

161 A.D.3d 615 (2018)

76 N.Y.S.3d 165

2018 NY Slip Op 03736

Yanil Javier, Respondent, v. New York City Housing Authority, Appellant.

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

Decided May 24, 2018.


Defendant failed to establish its entitlement to judgment as a matter of law in this action where plaintiff was injured when, while descending an exterior stairway of a premises owned and operated by defendant, she tripped and fell on a crack that was allegedly present in the stairway. The record shows that defendant failed to demonstrate that it lacked actual notice of the stairway defect, since an April 2012 building inspection report states that the property's ramps, steps...

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