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PHILLIPS v. SERIL

209 A.D.2d 496 (1994)

619 N.Y.S.2d 291

F. Peter Phillips et al., Respondents, v. Nathan Seril et al., Respondents, and York Scaffold Equipment Corp., Appellant

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

November 14, 1994

Ordered that the order is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

We agree with the conclusion of the Supreme Court that issues of fact exist which preclude an award of summary judgment to the appellant. The plaintiff F. Peter Phillips slipped on a patch of ice on a sidewalk situated beneath a scaffold "shed" erected by the appellant. The ice allegedly formed as a result of water that had accumulated atop...

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