BOWSER v. WEST 125TH STREET THOM McAN, INC.


270 A.D.2d 194 (2000)

___ N.Y.S.2d ___

JENNIE BOWSER, Respondent, v. WEST 125TH STREET THOM McAN, INC., et al., Appellants. (And Other Actions.)

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

Decided March 30, 2000.


Plaintiff's affidavit and pleadings to the effect that her slip and fall on ice on the sidewalk abutting defendants' property was caused by defendants' negligent removal of snow stands in stark contrast to her affidavit in a prior action against the City of New York arising out of the same accident, in which she averred that her accident was not caused by a condition of "a transient nature," but, rather, was solely a result of a structural design and/or construction defect...

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