Micheler v. Gush
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtYesawich Jr., J.
Appeal from an order of the Supreme Court (Ellison, J.), entered August 6, 1997 in Chemung County, which granted defendant’s motion for summary judgment dismissing the complaint.
Plaintiff sustained a fracture of her left leg when she slipped and fell on an icy step at a rental property, owned by defendant, located at 919 Grand Central Avenue in the City of Elmira, Chemung County. Although plaintiff alleged a variety of defects in the stairs upon which she fell, the record establishes that the proximate cause of her fall was the ac*1052cumulation of ice on the steps. Plaintiff testified that while…
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