GRINNELL v. PHIL ROSE APARTMENTS, LLC


60 A.D.3d 1256 (2009)

876 N.Y.S.2d 527

IRENE GRINNELL, Appellant, v. PHIL ROSE APARTMENTS, LLC, Respondent.

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

Decided March 26, 2009.


LAHTINEN, J.

Plaintiff fractured her right leg when, at approximately 1:30 P.M. on December 12, 2005, she allegedly slipped on ice and fell off the porch of a building owned by defendant where she rented an apartment. She commenced this negligence action and, following disclosure, defendant moved for summary judgment dismissing the complaint. Supreme Court granted the motion, finding, among other things, that the accident occurred during a storm in progress and that...

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