MARCO v. VILLAGE/TOWN OF MOUNT KISCO


57 A.D.3d 874 (2008)

871 N.Y.S.2d 236

DALE R. SAN MARCO et al., Respondents, v. VILLAGE/TOWN OF MOUNT KISCO, Appellant.

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

December 23, 2008.


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

On February 5, 2005, at approximately 8:15 A.M., while exiting her sports utility vehicle in a public parking lot owned and maintained by the defendant, the plaintiff Dale R. San Marco (hereinafter the plaintiff) allegedly slipped and fell on an accumulation of black ice on the surface of the parking lot, sustaining injuries...

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