AVINA v. VERBURG


47 A.D.3d 1188 (2008)

850 N.Y.S.2d 295

JUDITH AVINA, Appellant, v. THOMAS R. VERBURG et al., Respondents.

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

Decided January 31, 2008.


Mercure, J.P.

In April 2003, plaintiff was injured when she slipped on a concrete sidewalk that led from exterior stairs to the entrance of defendants' residence. At the time of the incident, moderate freezing rain was falling and plaintiff was attempting to deliver a fruit basket from her employer. The basket weighed approximately 12 to 14 pounds and had no handle. Plaintiff testified at her examination before trial that she successfully climbed the stairs but, once...

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