Pugliese v. Utica National Insurance Group, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Appeal from an order of Supreme Court, Herkimer County (Kirk, J.), entered June 18, 2001, which denied defendant’s motion seeking summary judgment.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum: Supreme Court properly denied defendant’s motion seeking summary judgment dismissing the complaint. Plaintiff allegedly slipped on ice and fell on the curb in front of defendant’s building. We conclude that defendant failed to meet its initial burden of establishing that it lacked actual notice of an icy condition (see…
2Cases cited3 opinions
- Wimbush v. City of AlbanyAppellate Division of the Supreme Court of the State of New York · 2001
- Wright v. Rite-Aid of NY, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
- Bernardo v. P. & J. Edwards, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
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- Conklin v. UlmAppellate Division of the Supreme Court of the State of New York · 2007
- Bullard v. Pfohl's Tavern, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
- PHILLIPS, JASON v. HENRY B'S INC.Appellate Division of the Supreme Court of the State of New York · 2011
- MULLANEY, JAN v. ROYALTY PROPERTIES, LLCAppellate Division of the Supreme Court of the State of New York · 2011
- Englerth v. Penfield Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2011
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