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RONCONI v. DENZEL ASSOCIATES

20 A.D.3d 559 (2005)

799 N.Y.S.2d 271

JAMES R. RONCONI et al., Respondents, v. DENZEL ASSOCIATES, Defendant, and COLONIAL GARDENS OWNERS CORP., Appellant.

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

July 25, 2005.

Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the defendant Colonial Gardens Owners Corp., and the action against the remaining defendant is severed.

An owner of real property may be liable for a hazardous ice condition existing on its property as a result of a storm or temperature fluctuation only upon a showing that it had actual or

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