PASQUA v. DE SCHOUW, B.V.


43 A.D.3d 647 (2007)

841 N.Y.S.2d 296

PATRICIA PASQUA, Appellant, v. HANDELS-EN PRODUCTIEMAATSCHAPPIJ DE SCHOUW, B.V., Also Known as HANDELS-EN PRODUCTIEMAATSCHAPPIJ "DE SCHOUW" B.V., et al., Respondents, et al., Defendant.

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

Decided September 6, 2007.


Plaintiff adduced evidence that the ice on which she slipped was formed by water that had dripped onto the sidewalk from an overhang; that the dripping was a longstanding condition of the premises that routinely occurred when it rained or, as here, after a significant snowfall; and that the dripping was a violation of State Uniform Fire Prevention and Building Code (9 NYCRR) § 903.2 ("Method of storm water disposal"), in effect at the time of the incident. Such evidence...

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