MORGAN v. DEP'T OF SANITATION OF THE CITY OF NEW YORK


250 A.D.2d 525 (1998)

673 N.Y.S.2d 130

Ellena Morgan, Respondent, v. Department of Sanitation of the City of New York et al., Respondents, and Great Atlantic & Pacific Tea Company, Inc., Doing Business as The Food Emporium, et al., Appellants

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

May 26, 1998


Plaintiff alleged that on a cold and windy day she slipped on a frozen surface apparently in the vicinity of a discarded coffee cup, worn flat by pedestrian traffic, as she stepped off the curb near the corner of 63rd Street and Third Avenue. Among others, she sued the supermarket in the building abutting the nearby sidewalk. The motion court dismissed the complaint as to other defendants, but found a question of fact regarding defendant supermarket's duty to maintain the...

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