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SMITH v. SMITH

289 A.D.2d 919 (2001)

735 N.Y.S.2d 630

DORIS SMITH et al., Respondents, v. DAVID M. SMITH, as Executor of HILDA SMITH, Deceased, Appellant.

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

Decided December 27, 2001.

Spain, J.

Plaintiffs commenced this negligence action to recover for injuries allegedly sustained when plaintiff Doris Smith (hereinafter plaintiff) slipped and fell on what plaintiff described as "black ice" in the driveway of premises owned by Hilda Smith (hereinafter decedent) in the City of Johnstown, Fulton County. Following discovery, defendant moved for summary judgment on the ground that decedent lacked notice of a dangerous condition. Supreme Court denied...

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