SEWITCH v. LAFRESE


41 A.D.3d 695 (2007)

839 N.Y.S.2d 114

KIM SEWITCH et al., Appellants, v. ROSE LAFRESE, Respondent.

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

Decided June 19, 2007.


Ordered that the order is reversed, on the law, with costs, and the motion for summary judgment dismissing the complaint is denied.

The plaintiff Kim Sewitch sustained personal injuries when she allegedly slipped and fell on an accumulation of ice within missing portions of brick and mortar on the steps leading from her apartment in a house owned by the defendant. She alleged that both the accumulation of ice and the uneven surface on the steps resulting from the...

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