MADDEN v. VILLAGE OF TARRYTOWN


266 A.D.2d 358 (1999)

698 N.Y.S.2d 153

MARK MADDEN, Respondent, v. VILLAGE OF TARRYTOWN, Appellant.

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

Decided November 15, 1999.


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

A defendant may be held liable for a hazardous condition created on its premises as a result of an accumulation of snow and ice during a storm only upon a showing that it had actual or constructive notice of the dangerous condition and that a sufficient period of time elapsed since the cessation of the storm to take protective measures (see, Drevis...

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