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SMALL v. CONEY ISLAND SITE 4A-1 HOUSES, INC.

28 A.D.3d 741 (2006)

814 N.Y.S.2d 240

MARIETTA SMALL, Appellant, v. CONEY ISLAND SITE 4A-1 HOUSES, INC., et al., Respondents.

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

April 25, 2006.

Ordered that the order is affirmed, with costs.

On January 15, 1999 at approximately 8:00 A.M., the plaintiff's decedent was found lying on the floor of the partially exposed hallway of the apartment building where he resided. There was ice on the walkway where the decedent was discovered. Hail, snow, freezing rain, and rain began to fall in the early morning hours of January 14, 1999 and continued to fall until at least 9:00 A.M. on January 15, 1999. After being...

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