MAKARON v. LUNA PARK HOUSING CORPORATION


25 A.D.3d 770 (2006)

809 N.Y.S.2d 520

ILYA MAKARON, Appellant, v. LUNA PARK HOUSING CORPORATION, Respondent.

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

January 31, 2006.


Ordered that the order is affirmed, with costs.

On February 21, 2003, at approximately 8:45 A.M., the plaintiff slipped and fell on what he described as black ice on a sidewalk outside the defendant's apartment complex. The plaintiff testified at his deposition that he did not see the ice until after his fall. He further testified that there had been no precipitation for two or three days before the accident.

The defendant made a prima facie showing that it...

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