SCOTT v. BERGSTOL


11 A.D.3d 525 (2004)

782 N.Y.S.2d 793

MELISSA SCOTT, Appellant, v. SOLVEIGH BERGSTOL, Respondent, et al., Defendants.

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

October 12, 2004.


Ordered that the order is affirmed, with costs.

The plaintiff allegedly slipped and fell on ice on a sidewalk located on property owned by the defendant Solveigh Bergstol and leased to the United States Postal Service. The plaintiff alleged that the roof of a building on the property was improperly designed, constructed, and maintained, causing snow to accumulate on the roof, which then melted, dripped onto the sidewalk, and refroze.

Generally, an out-of-possession...

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