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MARTINEZ-WASZAK v. CITY OF NEW YORK

2015-08512, Index No. 10742/11.

142 A.D.3d 1053 (2016)

37 N.Y.S.3d 595

CHRISTINE MARTINEZ-WASZAK, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided September 21, 2016.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff allegedly slipped and fell while walking down the stairway of a school building owned by the defendant City of New York and under the control and maintenance of the defendant New York City Department of Education (hereinafter the DOE). A witness for the DOE testified at his deposition that since he started working at the subject building 35 years ago, the surface of the steel stairway...

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