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MAY v. AMERICAN RED CROSS

287 A.D.2d 418 (2001)

731 N.Y.S.2d 733

GENEVA MAY, Respondent, v. AMERICAN RED CROSS, Appellant.

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

Decided October 30, 2001.

Summary judgment was properly denied since triable issues of fact as to whether defendant had constructive notice of the complained of ice hazard, are raised by plaintiff's affidavit, wherein she states that her injurious fall was caused by a pre-existing and unremedied icy condition that had developed from a snowfall 12 days earlier, and by meteorological records supportive of plaintiff's account of the alleged hazard's origin...

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