NEILSON v. AMODEO


26 A.D.2d 840 (1966)

Albert J. Neilson, Respondent, v. Mariano B. Amodeo, as Executor of Angelo Carbone, Deceased, et al., Appellants

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

October 31, 1966


Judgment reversed, on the law and the facts, without costs, and complaint dismissed, without costs.

In our opinion, plaintiff, as a matter of law, failed to establish that defendants had actual or constructive notice of the alleged icy condition prior to the accident and had permitted that condition to exist for an unreasonable time (cf. Hoffman v. Bachrach, 20 A.D.2d 790; Preuschoff v. Wank, 16 A...

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