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22 Oct 2008, 11:28 am
In order to prevail in the underlying action against the NYCHA on a theory of constructive notice, the plaintiff would have had to introduce evidence of the origin of the particular icy condition that caused her to fall (see Simmons v Metropolitan Life Ins Co., 84 NY2d 972; Ciaschi v Taughannock Constr., 204 AD2d 883). [read post]