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CUSUMANO v. CITY OF NEW YORK

63 A.D.3d 5 (2009)

877 N.Y.S.2d 153

NOCENZU CUSUMANO, Respondent, et al., Plaintiff, v. CITY OF NEW YORK, Appellant.

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

Decided April 7, 2009.

Attorney(s) appearing for the Case

Michael A. Cardozo, Corporation Counsel, New York City (Pamela Seider Dolgow and Elizabeth S. Natrella of counsel), for appellant.

Miller & Eisenman, LLP, New York City (Michael P. Eisenman of counsel), for respondent.

BALKIN and BELEN, JJ., concur with DICKERSON, J.; SPOLZINO, J., dissents and votes to reverse the judgment in a separate opinion.

OPINION OF THE COURT

DICKERSON, J.

The Accident

The plaintiff Nocenzu Cusumano (hereinafter the plaintiff) was a firefighter employed by the New York City Fire Department. He alleged that he was injured on December 22, 1999, when he fell down a flight of stairs while attending Certified First Responder Defibrillator training in a building owned by the defendant City of New York.

The staircase where the plaintiff fell provided access between...

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