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STUKES v. NEW YORK CITY HOUSING AUTHORITY

2018-13637. Index No. 579/16.

203 A.D.3d 980 (2022)

161 N.Y.S.3d 841

2022 NY Slip Op 01829

Kelvin Stukes, Appellant, v. New York City Housing Authority, Respondent.

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

Decided March 16, 2022.

Attorney(s) appearing for the Case

Lipsig Shapey Manus & Moverman, P.C. (Pollack, Pollack, Isaac & DeCicco, LLP, New York, NY [Brian J. Isaac and Jillian Rosen], of counsel), for appellant.

Cullen & Dykman, LLP, New York, NY (Kevin C. McCaffrey and Kenneth S. Buffaloe of counsel), for respondent.

Iannacci, J.P., Rivera, Miller and Maltese, JJ., concur.

Ordered that the order is reversed, on the law, with costs, and the defendant's motion for summary judgment dismissing the complaint is denied.

The plaintiff commenced this action to recover damages for personal injuries he allegedly sustained when he slipped and fell on snow and ice on a walkway within a housing complex in Brooklyn owned by the defendant. In his bill of particulars, the plaintiff alleged that he slipped and fell on a "longstanding

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