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ZWIELICH v. INC. VILL. OF FREEPORT

208 A.D.2d 920 (1994)

617 N.Y.S.2d 871

Carol Zwielich, Respondent, v. Incorporated Village of Freeport, Appellant

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

October 31, 1994

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

Contrary to the conclusion of the Supreme Court, we find that the plaintiff failed to adduce any evidence of affirmative negligence on the part of the defendant in connection with the creation or exacerbation of the alleged dangerous ice condition (see, Albanese v Town of Hempstead,

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