DiGrazia v. Lemmon
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtRose, J.
Cross appeals from an order of the Supreme Court (McCarthy, J.), entered September 26, 2005 in Ulster County, which denied defendant’s motion for summary judgment dismissing the complaint and denied plaintiffs’ cross motion for partial summary judgment.
On a clear winter morning, plaintiff Paul R. DiGrazia (hereinafter plaintiff) was delivering a five-gallon bottle of water that he had balanced on his shoulder when he fell on walkway steps while crossing defendant’s yard. He and his wife, derivatively, commenced this action to recover for his resulting injuries, al*927leging that ice on the…
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