Bracci v. Roberts

Appeal from an order of the Supreme Court (Mugglin, J.), entered July 12, 1994 in Delaware County, which denied defendant’s motion for summary judgment dismissing plaintiffs complaint.

Plaintiff commenced this action to recover damages for personal injuries sustained when she slipped and fell on ice and snow on a shoveled pathway on defendant’s snow-covered property. Defendant contends that his motion for summary judgment should have been granted because it was not foreseeable that plaintiff would come on his property and use the path, which he had created for his own use. Because…