MERRILL v. FALLETI MOTORS, INC.


8 A.D.3d 1055 (2004)

778 N.Y.S.2d 650

DAVID MERRILL et al., Appellants, v. FALLETI MOTORS, INC., Respondent.

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

June 14, 2004.


It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is denied and the complaint is reinstated.

Memorandum:

Plaintiffs commenced this action seeking damages for injuries sustained by David Merrill (plaintiff) when he allegedly slipped and fell on ice on defendant's premises. Supreme Court erred in granting defendant's motion for summary judgment dismissing the complaint where...

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