Plaintiff is a seventy year old woman that slipped on ice in her apartment complex owned by the New York City Housing Authority. She suffered a bimalleolar fracture with an avulsion fracture of the medial malleolus requiring an open reduction and insertion of hardware. Defendant claimed they did not have ample opportunity to remove the snow and ice since it had snowed over two feet in the twenty four hours before the accident. Through discovery and further investigation it was revealed that an employee of the defendant was directed to remove the snow and ice from the subject area, but refused his assignment. The area in question, therefore, remained untended for an unreasonably long period of time.

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