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GONZALEZ v. AMERICAN OIL CO.

42 A.D.3d 253 (2007)

836 N.Y.S.2d 611

LUIS GONZALEZ, Respondent, v. THE AMERICAN OIL COMPANY et al., Appellants.

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

June 7, 2007.

Attorney(s) appearing for the Case

Ahmuty Demers & McManus, Albertson (Brendan T. Fitzpatrick of counsel), for appellants.

Andrew Hirschhorn, Rosedale, for respondent.

WILLIAMS, GONZALEZ and SWEENY, JJ., concur with KAVANAGH, J.; SULLIVAN, J.P., concurs in a separate opinion.

OPINION OF THE COURT

KAVANAGH, J.

Plaintiff alleges that on January 20, 2002, at approximately 9:00 P.M., he was exiting a gas station convenience store owned and operated by defendants when he slipped on a patch of ice and fell. He claims that the patch of ice was three feet by six feet in dimension, transparent, hard and dry, covered by a "little snow" and located approximately six feet from the front entrance of the store. Plaintiff further claims that...

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