Downes v. Equitable Life Assurance Society of the United States
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtYesawich Jr., J.
Appeal from an order of the Supreme Court (Kahn, J.), entered June 22, 1993 in Albany County, which granted motions by defendants Equitable Life Assurance Society of the United States and W.J. Kendall Trucking & Excavating Company for summary judgment dismissing the complaint against them.
Plaintiff sued in negligence to recover for injuries she claims to have sustained when, on January 30, 1991, she slipped and fell because of an icy condition as she was leaving her place of employment at a mall in Albany County. Plaintiff admits that at the time of her fall, approximately 7:00 p.m., a storm…
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