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JORDAN v. MUSINGER

197 A.D.2d 889 (1993)

602 N.Y.S.2d 289

Linda Jordan et al., Appellants, v. Jules Musinger et al., Doing Business as Singer Associates, et al., Respondents

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, motions denied and complaint reinstated.

Memorandum:

Supreme Court erred in granting the motions of defendants for summary judgment dismissing plaintiffs' complaint. Although plaintiffs will bear the burden at trial of proving that defendants had constructive notice of the icy condition in the parking lot (see, Anderson v Klein's Foods, 139 A.D.2d 904,

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