DANIELS v. MEYERS


50 A.D.3d 1613 (2008)

857 N.Y.S.2d 402

GEORGE DANIELS, Appellant, v. LAVERNE M. MEYERS, Doing Business as McDONALD'S TAC MAC and as McDONALD'S, Respondent.

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

Decided April 25, 2008.


It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion is denied and the complaint is reinstated.

Memorandum:

Plaintiff commenced this action seeking damages for injuries he sustained when he slipped and fell in the parking lot of defendant's restaurant. Supreme Court erred in granting defendant's motion for summary judgment dismissing the complaint on the ground that there was a storm in progress...

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