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O'CONNOR v. CONSOLIDATED EDISON CO. OF N.Y., INC.

55 A.D.3d 356 (2008)

865 N.Y.S.2d 202

JENNIFER O'CONNOR, Appellant, v. CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Respondent.

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

October 9, 2008.

No issue of fact exists as to whether the ice patch was created by defendant's structures on defendant's abutting lot that allegedly diverted the flow of rain water from the lot (see Roark v Hunting, 24 N.Y.2d 470, 475 [1969]). Log structures on the lot intended as retaining walls to manage the flow of rain water down the sloping lot did not contain the water. It does not appear, however, from plaintiff's expert's affidavit or report...

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