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RODRIGUEZ v. NEW YORK CITY HOUS. AUTH.

Index No. 151572/18. Appeal No. 16001. Case No. 2021-04606.

205 A.D.3d 631 (2022)

166 N.Y.S.3d 867

2022 NY Slip Op 03461

Eufemia Rodriguez, Respondent, v. New York City Housing Authority, Appellant.

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

Decided May 26, 2022.

Attorney(s) appearing for the Case

Krauss Shaknes Tallentire & Messeri LLP, New York (Heidi Tallentire of counsel), for appellant.

Dobrish Michaels Gross LLP, New York (Nina S. Gross of counsel), for respondent.

Concur—Kern, J.P., Oing, Singh, Moulton, Scarpulla, JJ.

Defendant sustained its initial burden of showing that it lacked notice of the presence of the cardboard box near the walkway of its building before the accident and that it observed a reasonable cleaning routine (see Velocci v Stop & Shop, 188 A.D.3d 436, 439 [1st Dept 2020]). Plaintiff testified that she did not see the box when she left work at 4:00 p.m. on the day before her fall, and defendant's caretaker stated that it...

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