Wheeler v. Grande'Vie Senior Living Community
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtKane, J.
Appeal from an order of the Supreme Court (O’Brien, III, J.), entered April 1, 2005 in Chenango County, which granted defendant’s motion for summary judgment dismissing the complaint.
Plaintiff John A. Wheeler (hereinafter plaintiff) went to defendant’s assisted living facility to help his mother-in-law move. When he arrived, it was snowing and someone was plowing the parking lot. After moving some items, plaintiff asked for assistance. In response, Daniel Marsh, one of defendant’s maintenance workers, brought a dolly to move a table. Marsh led plaintiff to an emergency exit which was closer…
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