BOYNTON v. EAVES

506284.

66 A.D.3d 1281 (2009)

888 N.Y.S.2d 253

2009 NY Slip Op 7714

CANDACE S. BOYNTON et al., Appellants, v. PATRICIA A. EAVES, Respondent.

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

Decided October 29, 2009.


Cardona, P.J.

At about midnight on February 1, 2003, plaintiff Candace Boynton (hereinafter plaintiff) allegedly slipped and fell on the sidewalk outside her apartment, breaking her ankle. Plaintiff and her husband, derivatively, commenced this action against defendant, the owner of the apartment, seeking damages for her injury. Defendant moved for summary judgment dismissing the complaint on the grounds that there was a storm in progress at the time of the accident...

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