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MUIRHEAD v. ZCWK ASSOCIATES, L.P

Appellate Division of the Supreme Court of New York, First Department.
Nov 5, 1998

Questions of fact exist as to whether the stairway on which plaintiff slipped had become dangerously slippery with ice or slush; if so, whether defendants had constructive notice of such condition on this heavily trafficked stairway; and, if so, whether defendants used reasonable care to remedy such condition (cf., Miller v. Gimbel Bros., 262 N.Y. 107, 108; see, Megally v. 440 W. 34th St. Co., 246 A.D.2d 346; O'Connor-Miele v. Barhite Holzinger, 234 A.D.2d 106).

We have reviewed appellants' remaining arguments and find them unavailing.

Concur — Milonas, J. P., Rosenberger, Ellerin, Wallach and Williams, JJ.