Josephine v. Paparodero Holding Corp.

Appellate Division of the Supreme Court of New York

Josephine v. Paparodero Holding Corp.

261 A.D.2d 437, 690 N.Y.S.2d 93, 1999 N.Y. App. Div. LEXIS 4799

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 10, 1999

StatusPublished

Cited by9 cases

This text of 261 A.D.2d 437 (Josephine v. Paparodero Holding Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Josephine v. Paparodero Holding Corp., 261 A.D.2d 437, 690 N.Y.S.2d 93, 1999 N.Y. App. Div. LEXIS 4799 (N.Y. Ct. App. 1999).

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Opinion

—In an action to recover damages for personal injuries, etc., the defendant third-party defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Westchester County (Donovan, J.), entered June 4, 1998, as denied his motion for summary judgment dismissing the complaint, third-party complaint, and all cross claims insofar as asserted against him.

Ordered that the order is affirmed insofar as appealed from, with costs.

Triable issues of fact exist, inter alia, as to whether the ice on which the plaintiff Josephine Grizzaffi slipped and fell was formed when the pile of snow created by the appellant melted and refroze (see, Roca v Gerardi, 243 AD2d 616). Mangano, P. J., Santucci, Krausman, Florio and H. Miller, JJ., concur.

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—In an action to recover damages for personal injuries, etc., the defendant third-party defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Westchester County (Donovan, J.), entered June 4, 1998, as denied his motion for summary judgment dismissing the complaint, third-party complaint, and all cross claims insofar as asserted against him.

Ordered that the order is affirmed insofar as appealed from, with costs.

Triable issues of fact exist, inter alia, as to whether the ice on which the plaintiff Josephine Grizzaffi slipped and fell was formed when the pile of snow created by the appellant melted and refroze (see, Roca v Gerardi, 243 AD2d 616). Mangano, P. J., Santucci, Krausman, Florio and H. Miller, JJ., concur.

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Bluebook (online)

261 A.D.2d 437, 690 N.Y.S.2d 93, 1999 N.Y. App. Div. LEXIS 4799, Counsel Stack Legal Research, https://law.counselstack.com/opinion/josephine-v-paparodero-holding-corp-nyappdiv-1999.

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