FRIEDMAN v. STAUBER


18 A.D.3d 606 (2005)

795 N.Y.S.2d 612

ABRAHAM FRIEDMAN et al., Appellants, v. EMANUEL STAUBER, Respondent.

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

May 16, 2005.


Ordered that the judgment is affirmed, with costs.

The plaintiff Abraham Friedman was injured when he slipped and fell on a patch of ice on a public sidewalk in front of the defendant's driveway. At trial, he testified that snow had fallen a day or two before his accident, and that the local municipality had cleared all of the streets and sidewalks of snow by the time of his accident. The defendant could not remember the snowfall in question, but testified that he...

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