Muhammad v. New York City Housing Authority

*514Order, Supreme Court, New York County (Paul Wooten, J.), entered February 5, 2013, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously modified, on the law, to deny the motion as to plaintiffs claims based on an alleged broken step, and otherwise affirmed, without costs.

Although plaintiff testified at his General Municipal Law § 50-h hearing that his accident might have been caused by an accumulation of ice on an outdoor stairway, he had earlier filed with defendant a notice of claim that indicated that the accident was also caused by a broken step.…