Williams v. Kenyon

Appeal from an order of the Supreme Court (Devine, J.), entered November 25, 2008 in Schoharie County, which denied defendants’ motion for summary judgment dismissing the complaint.

While visiting a tenant on defendants’ property, plaintiff slipped on ice and injured himself. The accident occurred at the bottom of a slight decline in the driveway where it intersects with a sidewalk. At issue is an order of Supreme Court denying a defense motion for summary judgment. We affirm.

It is undisputed that defendants did not create or have actual notice of any icy condition on the property. Rather, the…