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AVILES v. 2333 1ST CORP.

1130, 16234/05.

66 A.D.3d 432 (2009)

887 N.Y.S.2d 18

2009 NY Slip Op 7191

DAVID AVILES, Respondent, v. 2333 1ST CORP., Appellant.

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

Decided October 8, 2009.

Plaintiff does not contend that defendant created the alleged water hazard on the building's interior stairs that allegedly caused him to slip and fall, and defendant does not contest the existence of the hazard. Defendant's evidence established that it did not have actual notice of the hazard (see Campanella v Marstan Pizza Corp., 280 A.D.2d 418, 418 [2001]). Furthermore, defendant described its usual cleaning procedures regarding...

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