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CAPOLONGO v. VULTAGGIO

253 A.D.2d 533 (1998)

677 N.Y.S.2d 172

Rosetta Capolongo et al., Respondents, v. Joseph Vultaggio, Appellant

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

August 31, 1998

Ordered that the order is reversed, on the law, with costs, the defendant's motion is granted, and the complaint is dismissed.

On February 1, 1994, during an ongoing snowstorm, the plaintiff Rosetta Capolongo slipped and fell while walking on the defendant's driveway. After depositions were completed, the defendant moved for summary judgment dismissing the complaint, contending that the plaintiff fell on snow that had accumulated...

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