BERGEN v. CARLIN, JR.


297 A.D.2d 692 (2002)

747 N.Y.S.2d 535

JOAN BERGEN et al., Respondents, v. WILLIAM J. CARLIN, JR., Putnam County Commissioner of Finance, as Temporary Administrator of the Estate of GERTRUDE FLECKEL, Appellant.

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

Decided September 23, 2002.


Ordered that the order is affirmed, with costs.

The plaintiff Joan Bergen (hereinafter the plaintiff) alleged that she slipped on Gertrude Fleckel's snow-and-ice-covered, unpaved driveway, injuring herself. Fleckel moved for summary judgment dismissing the complaint, inter alia, on the ground that the driveway was reasonably safe under the circumstances.

A property owner has an obligation to maintain his or her...

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