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ZIMMER v. KIMCO REALTY CORP.

6 A.D.3d 528 (2004)

774 N.Y.S.2d 389

DONNA ZIMMER, Appellant, v. KIMCO REALTY CORP., Respondent.

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

April 12, 2004.

Ordered that the order is affirmed, with costs.

Based on the evidence presented by the defendant in support of its motion, which indicated that a storm was in progress at the time of the plaintiff's accident, the defendant met its burden of establishing that it did not have a reasonably sufficient time to remedy the allegedly dangerous icy condition (see Pelliccio v TCW Realty Fund VIA Holding Co., 291 A.D.2d 388 [2002];...

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