PENSABENE v. INC. VILL. OF VALLEY STREAM


202 A.D.2d 486 (1994)

609 N.Y.S.2d 75

Donna Pensabene et al., Plaintiffs, v. Incorporated Village of Valley Stream et al., Defendants, and Thomas Zultowski et al., Defendants and Third-Party Plaintiffs-Respondents. Salvatore Ferro et al., Third-Party Defendants-Appellants

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

March 14, 1994


Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, and the third-party complaint and all cross claims asserted against the appellants are dismissed.

The injured plaintiff slipped and fell on ice while walking across a portion of a driveway apron in front of a driveway owned by the defendants and third-party plaintiffs Thomas and Clara Zultowski. Another portion of the apron, upon which the injured plaintiff...

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