SCHOLAR v. CITADEL ESTATES, LLC

10164. 300077/14.

177 A.D.3d 440 (2019)

2019 NY Slip Op 08148

Jennifer Scholar, Appellant, v. Citadel Estates, LLC, Respondent.

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

Decided November 12, 2019.


Plaintiff claims that she was injured when she fell while descending a well-lit stairway during daylight hours on August 8, 2013 in a Brooklyn building where she had often previously used the stairway, on which occasions she never noticed any defects. On the day of the accident she was visiting her boyfriend's apartment and when she first ascended the stairway she had not noticed any debris, liquid or defects in the stairway. She testified that as she descended from the second...

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