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VILLAR v. NEW YORK CITY HOUS. AUTH.

Index No. 22235/15E. Appeal No. 13667. Case No. 2020-03555.

193 A.D.3d 625 (2021)

142 N.Y.S.3d 812

2021 NY Slip Op 02505

Beatrice Villar, Appellant, v. New York City Housing Authority, Respondent.

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

Decided April 27, 2021.

Attorney(s) appearing for the Case

Law Office of Ryan S. Goldstein, PLLC, Bronx ( Ryan S. Goldstein of counsel), for appellant.

Wilson, Elser, Moskowitz, Edelman & Dicker LLP, New York ( Patrick J. Lawless of counsel), for respondent.

Concur—Gische, J.P., Kern, Mazzarelli, Kennedy, JJ.

Defendant established prima facie that the complaint should be dismissed by showing that it had no actual or constructive notice of the wet condition of the stairs that plaintiff alleges caused her to slip and fall (see Frederick v New York City Hous. Auth., 172 A.D.3d 545 [1st Dept 2019]; Manderson v Phipps Houses Servs., Inc., 173 A.D.3d 459 [1st Dept 2019]). Defendant submitted testimony by the supervisor of its building caretakers, evidence of the janitorial...

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