CERRA v. PERK DEV.


197 A.D.2d 851 (1993)

602 N.Y.S.2d 277

Josephine Cerra et al., Respondents, v. Perk Development, Also Known as Perkins Family Restaurant, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

October 1, 1993


Order unanimously reversed on the law without costs, motion granted and complaint dismissed.

Memorandum:

Plaintiffs commenced this action to recover for personal injuries sustained by plaintiff wife as a result of a slip and fall on a snow-covered walk on the premises of defendant's restaurant. Defendant appeals from an order denying its motion for summary judgment dismissing the complaint.

The proof is uncontroverted that a snowstorm was in progress...

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