Legal Opinion

Resina v. House of Jeans

Appellate Division of the Supreme Court of the State of New York

Decided October 28, 1996Published

1Opinion of the Court

—In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (Rappaport, J.), dated November 29,1995, which denied its motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, the defendant’s motion is granted, and the complaint is dismissed.

The plaintiff was injured when she slipped and fell on a patch of ice in front of the defendant’s store. There is no evidence that the defendant increased the hazard inherent in the icy condition by undertaking to remove the snow and…

2Cases cited3 opinions

  1. Spicehandler v. City of New YorkNew York Court of Appeals · 1952
  2. Spicehandler v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1951
  3. Horan v. MolbergerAppellate Division of the Supreme Court of the State of New York · 1971

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