Avina v. Verburg
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Mercure, J.P.
Appeal from an order of the Supreme Court (McDonough, J), entered May 4, 2007 in Albany County, which granted defendants’ motion for summary judgment dismissing the complaint.
In April 2003, plaintiff was injured when she slipped on a concrete sidewalk that led from exterior stairs to the entrance of defendants’ residence. At the time of the incident, moderate freezing rain was falling and plaintiff was attempting to deliver a fruit basket from her employer. The basket weighed approximately 12 to 14 pounds and had no handle. Plaintiff testified at her examination before trial that…
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