Hesson v. Coppola

Appeal from an order of Supreme Court, Erie County (Notaro, J.), entered February 28, 2002, which denied defendant’s motion for summary judgment dismissing the complaint.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Plaintiff, a tenant in a duplex home owned by defendant, allegedly fell on a patch of ice on the driveway that she shared with defendant and sustained injuries. Plaintiff commenced this action alleging that the ice had formed after she came home at approximately 4:00 p.m. and before she fell at…