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BARRERA v. CITY OF NEW YORK

60 A.D.3d 983 (2009)

876 N.Y.S.2d 150

MARIA BARRERA, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided March 31, 2009.

Ordered that the order is affirmed, with costs.

Celina Barrera (hereinafter Celina), an infant, allegedly sustained injuries when she slipped and fell while descending a staircase at her elementary school. Celina's mother, both on Celina's behalf and derivatively, commenced this action against the defendants. The defendants moved for summary judgment dismissing the complaint contending, inter alia, that they did not create or have actual or constructive notice of...

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