Sevilla v. Calhoun School, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, Bronx County (Mark Friedlander, J.), entered December 23, 2013, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
The undisputed fact that plaintiffs slip and fall occurred during a freezing-rain storm in progress establishes prima facie that defendants were not negligent in failing to remove the ice on the sidewalk in front of their building on which plaintiff testified that she slipped (see Pippo v City of New York, 43 AD3d 303 [1st Dept 2007]). The record also shows that on the day of plaintiffs…
2Cases cited2 opinions
- Pippo v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2007
- Rugova v. 2199 Holland Avenue Apartment Corp.Appellate Division of the Supreme Court of the State of New York · 2000
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