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GRILLO v. BROOKLYN HOSPITAL

280 A.D.2d 452 (2001)

720 N.Y.S.2d 519

JOHN GRILLO et al., Respondents, v. BROOKLYN HOSPITAL, Appellant.

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

Decided February 5, 2001.

Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the defendant's motion for summary judgment. A triable issue of fact exists as to whether the ice on which the injured plaintiff slipped and fell was formed when piles of snow created by the defendant during a prior storm melted and refroze (see, Grizzaffi v Paparodero Holding Corp., 261 A.D.2d 437

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