RIZZO v. LINCOLN DINER CORP.


215 A.D.2d 546 (1995)

626 N.Y.S.2d 280

Elsie B. Rizzo et al., Appellants, v. Lincoln Diner Corp. et al., Respondents

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

May 15, 1995


Ordered that the order is reversed, on the law, with costs, and the defendants' motion is denied.

At about 7:15 P.M. on December 22, 1989, a very cold night, as the plaintiff Elsie B. Rizzo was leaving the Merrick Townhouse Diner (hereinafter the diner) with her husband and granddaughter, she slipped on a mound of shaved ice that had been dumped on the walkway adjoining the parking lot where, within the preceding hour, an unrefrigerated truck had made a delivery of...

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