Nappi v. Nappi

— Order unanimously affirmed with costs. Memorandum: Plaintiff Anthony Nappi was injured when he slipped and fell on a porch covered with snow and ice. The property was part of his father’s estate and was being cared for by his brother, defendant Gene Nappi. Although defendant Gene Nappi had not been officially appointed executor of his father’s estate when the accident occurred, he acknowledged in pretrial *1068testimony that he had assumed the duty of shoveling and maintaining the premises. There was no evidence that the accident occurred while a snowstorm was in progress. Plaintiff testified…