FLYNN v. HEWLYNN NURSERIES, INC.


289 A.D.2d 524 (2001)

735 N.Y.S.2d 620

FRANCIS J. FLYNN, Respondent, v. HEWLYNN NURSERIES, INC., Appellant.

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

Decided December 31, 2001.


Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The plaintiff, a school custodian, allegedly sustained injuries when he slipped and fell on snow and/or ice on the premises of his employer, the Deer Park School District. The Supreme Court improperly denied the defendant's motion for summary judgment dismissing the complaint. The defendant's limited contractual undertaking to remove snow in this instance...

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