SUH v. FLEET BANK


16 A.D.3d 276 (2005)

793 N.Y.S.2d 8

YERY SUH et al., Respondents, v. FLEET BANK, N.A., et al., Appellants, et al., Defendants.

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

March 24, 2005.


Plaintiff alleges that the sidewalk ice patch on which she fell formed as a result of the negligent removal of a large snowfall five days before. Her expert opines that the light snow that was falling at the time plaintiff fell served to hide the ice patch from view, but had nothing to do with its formation. Rather, the patch had already been formed as a result of the melting and refreezing of snow from the abutting snowbank created after the heavy snowfall, and that the...

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