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CARMINATI v. ROMAN CATHOLIC DIOCESE OF ROCKVILLE CENTRE

6 A.D.3d 481 (2004)

774 N.Y.S.2d 413

MARIE CARMINATI, Respondent, v. ROMAN CATHOLIC DIOCESE OF ROCKVILLE CENTRE et al., Appellants.

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

April 12, 2004.

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

An owner of real property may be held liable for a hazardous snow or ice condition on its property if he or she had actual or constructive notice of the hazardous condition or created the condition (see Wilson v Prazza, 306 A.D.2d 466 [2003]; Voss v D&C Parking, 299 A.D.2d 346

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