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WERNY v. ROBERTS PLYWOOD CO.

40 A.D.3d 977 (2007)

836 N.Y.S.2d 297

VICTOR G. WERNY, Appellant, v. ROBERTS PLYWOOD CO., Respondent.

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

Decided May 22, 2007.

Ordered that the order is affirmed insofar as appealed from, with costs.

At approximately 11:00 A.M. on December 19, 2000, the plaintiff slipped and fell on a patch of ice in the defendant's parking lot, allegedly sustaining personal injuries. The plaintiff commenced the instant action against the defendant, and after issue was joined, the defendant moved for summary judgment dismissing the complaint on the ground that it lacked actual or constructive notice of the...

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