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CARRICATO v. JEFFERSON VALLEY MALL LIMITED PARTNERSHIP

299 A.D.2d 444 (2002)

749 N.Y.S.2d 575

LAURA T. CARRICATO et al., Appellants, v. JEFFERSON VALLEY MALL LIMITED PARTNERSHIP, Respondent. (And a Third-Party Action.)

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

Decided November 18, 2002.

Ordered that the order is affirmed, with costs.

The plaintiff Laura T. Carricato (hereinafter the plaintiff), was allegedly injured when, upon exiting the defendant's shopping mall and walking toward her parked car, she slipped and fell on a patch of black ice. The plaintiff testified at her deposition that she looked down before she slipped but the surface looked only wet. She did not see the ice before she fell. She described the ice as very thin and without color...

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