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DELGADO v. CITY OF NEW YORK

10717, 22895/16.

179 A.D.3d 454 (2020)

113 N.Y.S.3d 538

2020 NY Slip Op 00093

Daniel Minaya Delgado, Appellant, v. City of New York et al., Defendants, and New York City Housing Authority, Respondent.

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

Decided January 7, 2020.

NYCHA established prima facie that it neither created nor had actual or constructive notice of the black ice that allegedly caused plaintiff's fall in the employee parking lot. A NYCHA maintenance worker testified that he had cleared snow from the lot the day before plaintiff's alleged accident and salted the area on the morning of the accident, 1½ to 2 hours before plaintiff's fall. Plaintiff admitted that he had not observed any black ice before falling (see Pena...

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