Espinell v. Dickson
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*253Plaintiff slipped and fell on a patch of ice on the sidewalk, at the curb in front of defendants’ building at 8:45 a.m. The record establishes that it had rained, snowed and sleeted during the preceding day and night, that any precipitation that could have caused the icy condition, including the freezing drizzle of the early morning hours, had ceased by 6:00 a.m., and that snow flurries fell until approximately 7:00 a.m. The record is devoid of evidence that defendant created or was aware of the icy condition on the sidewalk with sufficient time to correct it, or that the condition existed…
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