TOTTEN v. CUMBERLAND FARMS, INC.


57 A.D.3d 653 (2008)

871 N.Y.S.2d 179

RENEE TOTTEN et al., Appellants, v. CUMBERLAND FARMS, INC., Respondent.

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

December 9, 2008.


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

The injured plaintiff allegedly slipped and fell on ice on the parking lot ground of the defendant's premises as she exited her parked vehicle. The icy condition was about two feet in diameter and one inch thick. As a result, the injured plaintiff and her husband, derivatively, commenced this action against the defendant....

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