Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the cross motion is denied.
On January 30, 2000, at approximately 11:30 P.M., the plaintiff, a tenant of premises in Center Moriches owned by the defendant's decedent, Joe Delagera, slipped and fell on ice while attempting to ascend the stairway to her second-floor apartment. The plaintiff moved for summary judgment asserting, inter alia, that the owner had actual and constructive...
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