BRACCI v. ROBERTS


217 A.D.2d 897 (1995)

630 N.Y.S.2d 143

Barbara Bracci, Respondent, v. Edward F. Roberts, Appellants

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

July 27, 1995


Casey, J.

Plaintiff commenced this action to recover damages for personal injuries sustained when she slipped and fell on ice and snow on a shoveled pathway on defendant's snow-covered property. Defendant contends that his motion for summary judgment should have been granted because it was not foreseeable that plaintiff would come on his property and use the path, which he had created for his own use. Because foreseeability is a critical element of the...

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