ALERS v. LA BONNE VIE ORGANIZATION


54 A.D.3d 698 (2008)

863 N.Y.S.2d 750

ROBERT T. ALERS, Appellant, v. LA BONNE VIE ORGANIZATION et al., Respondents.

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

September 9, 2008.


Ordered that the order is affirmed, with costs.

The plaintiff fell in the defendants' parking lot at a time when a snowstorm had been in progress for approximately eight hours. The plaintiff alleged the cause of his fall was ice that was beneath four to five inches of snow, and that the ice existed prior to the storm that was in progress.

The defendants made a prima facie showing of their entitlement to judgment...

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