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ENCARNACION v. TEGFORD REALTY LLC

60 A.D.3d 581 (2009)

876 N.Y.S.2d 375

ALMA ENCARNACION, Respondent, v. TEGFORD REALTY LLC et al., Appellants.

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

Decided March 31, 2009.

Plaintiff fell on defendants' staircase when her foot twisted in a "crater" or "hole" on the third step. The defect had apparently been there since plaintiff moved into the building more than two years earlier, although at the time of the accident, she was on her way out for an activity, and was not paying attention as she descended the stairs.

Accepting that the photos in the record accurately depicted the condition of...

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