RODGERS v. EARL


249 A.D.2d 990 (1998)

671 N.Y.S.2d 388

Ruth Rodgers, Respondent, v. Russell Earl et al., Appellants

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

April 29, 1998


Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly denied that part of defendants' motion to dismiss the complaint for failure to state a cause of action (see, CPLR 3211 [a] [7]). The complaint, as amplified by the bill of particulars, states a cause of action for negligence based upon the actions of defendants in removing snow from the public sidewalk abutting their property (see generally, Guggenheimer v Ginzburg...

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