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ROY v. CITY OF NEW YORK

2008-07903.

2009 NY Slip Op 06419

MARLENE ROY, respondent, v. CITY OF NEW YORK, ET AL., appellants.

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

Decided September 8, 2009.

Attorney(s) appearing for the Case

Lester Schwab Katz & Dwyer, LLP, New York, N.Y. (Howard R. Cohen and Steven B. Prystowsky of counsel), for appellants.

Silverstein Hurwitz & Stern, LLP (Pollack, Pollack, Isaac & De Cicco, New York, N.Y. [Brian J. Isaac and Jillian Rosen] of counsel), for respondent.

Before: Mark C. Dillon, J.P., Howard Miller, John M. Leventhal, Cheryl E. Chambers, JJ.

DECISION & ORDER

ORDERED that the order is affirmed, with costs.

The plaintiff, who was employed by the defendant Board of Education of the City of New York as a local instructional superintendent, allegedly slipped and fell on a puddle of water while she was exiting the lobby of P.S. 12k (hereinafter the school) in Brooklyn at 10:45 A.M. The plaintiff alleged that between 8:30 A.M. and 8:45 A.M. she observed several puddles of water between two mats...

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