WELCH v. RIVERBAY CORPORATION


273 A.D.2d 66 (2000)

709 N.Y.S.2d 58

ROBERT WELCH et al., Respondents, v. RIVERBAY CORPORATION et al., Appellants.

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

Decided June 8, 2000.


An issue of fact exists as to whether plaintiff's slip and fall in a stairwell of the office building where he worked was caused by snow that had been blown or tracked into the unheated stairwell on a cold early evening in January, or by ice that had formed in the stairwell as a result of a leak. While plaintiff testified that he was in shock and has little present recollection of his fall and its immediate aftermath, one of his co-workers, who arrived in the stairwell to...

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