Carpenter v. J. Giardino, LLC
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Peters, J.P.
Appeal from an order of the Supreme Court (Catena, J.), entered November 16, 2009 in Montgomery County, which, among other things, denied defendant’s motion for summary judgment dismissing the complaint.
On December 30, 2005, plaintiff Thomas N. Carpenter (hereinafter plaintiff) was exiting his place of work when he slipped and fell on a concrete sidewalk in front of the building, which was owned by defendant. According to plaintiff, the accident was caused by a patch of ice that had formed as a result of water that leaked from a defective drainpipe located on the side of the…
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