ELSEY v. CLARK TRADING CORP.


57 A.D.3d 1330 (2008)

871 N.Y.S.2d 439

DEWITT ELSEY, Appellant, v. CLARK TRADING CORPORATION et al., Respondents.

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

December 31, 2008.


Stein, J.

Plaintiff alleges that he slipped and fell on a patch of ice in the Price Chopper parking lot located at 1640 Eastern Parkway in the City of Schenectady, Schenectady County on February 1, 2004. He arrived at the store at approximately 11:00 P.M. and parked his car about 40 to 50 feet from the store's entrance and about 30 feet from a large snow bank. Upon completing his shopping approximately 20 minutes later, plaintiff returned to his car and, after loading...

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