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DAMON KOVELSKY, an Infant, by His Mother and Natural Guardian, GLORIA KOVELSKY, Appellant, v. CITY UNIVERSITY OF NEW YORK, Respondent. (Claim No. 79257.)

Claimant failed to establish that defendant had created a dangerous condition, or had constructive or actual knowledge that there was moisture on the second floor of the building and that defendant could have prevented the condition through reasonable care ( Miller v Gimbel Bros., 262 N.Y. 107).

Defendant was not required to cover all of its floors with mats, nor to continuously mop up all moisture resulting from tracked-in, melting snow ( Seiden v National Commercial Bank Trust, 57 Misc.2d 132). Here, the discovery of the wet floor was essentially contemporaneous with the accident itself ( Boccaccino v Our Lady of Pity R.C. Church, 18 A.D.2d 1055).

Concur — Murphy, P.J., Sullivan, Wallach, Ross and Williams, JJ.

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KOVELSKY v. CITY UNIVERSITY OF NEW YORK
(Nov 21, 1995)