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ROSE v. WIDEWATERS LAKEWOOD VILLAGE CO.

256 A.D.2d 1122 (1998)

684 N.Y.S.2d 802

L. CHARLES ROSE et al., Respondents, v. WIDEWATERS LAKEWOOD VILLAGE CO. et al., Defendants, and McCARTY CONSTRUCTION, INCORPORATED, Appellant.

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

Decided December 31, 1998.

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in denying in its entirety the cross motion of defendant McCarty Construction, Incorporated (McCarty) for summary judgment dismissing the complaint against it. L. Charles Rose (plaintiff) slipped while standing on an icy floor. Because there was no elevation related hazard of the type contemplated...

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