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CRUZ v. PERSPOLIS REALTY LLC

8591, 162414/14.

170 A.D.3d 426 (2019)

93 N.Y.S.3d 561

2019 NY Slip Op 01531

Yolanda Cruz, Appellant, v. Perspolis Realty LLC et al., Respondents.

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

Decided March 5, 2019.

Triable issues of fact exist in this action where plaintiff was injured when, while descending the interior steps of defendants' building, she slipped on melted ice cream that was present on the steps. Although defendants' superintendent testified that he complied with his regular maintenance routine on the day of the accident and never observed the cup of ice cream on the stairs, plaintiff testified that she observed the cup of...

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