Darmento v. Pacific Molasses Co.

Appeal from an order of the Supreme Court (Tait, Jr., J.), entered July 30, 1991 in Madison County, which granted defendants’ motion for summary judgment dismissing the complaint.

Viewed most favorably to plaintiffs, the evidence revealed that on January 20, 1989 plaintiff Anthony M. Darmento (hereinafter Darmento) was driving south on State Route 13 with his wife, plaintiff Matilda T. Darmento, in the Town of De Ruyter, Madison County. The road was icy, slippery and completely covered with snow. While plaintiffs were driving down Route 13 at about 30 miles per hour, defendant Walter J.…