BRAUN v. WEISSMAN

2008-08233

68 A.D.3d 797 (2009)

2009 NY Slip Op 9175

890 N.Y.S.2d 615

JACOB BRAUN et al., Appellants, v. JOAN WEISSMAN et al., Respondents.

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

Decided December 8, 2009.


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

The injured plaintiff allegedly slipped and fell on ice on a sidewalk abutting the defendants' property. The injured plaintiff and his wife, suing derivatively, commenced this action against the defendants. The defendants moved for summary judgment dismissing the complaint, contending that they did not create the alleged icy...

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