SESCILA v. GREAT SOUTH BAY ESTATES HOMEOWNER'S ASSOCIATION, INC.

2008-09840

69 A.D.3d 604 (2010)

892 N.Y.S.2d 474

2010 NY Slip Op 129

SUSAN SESCILA, Appellant, v. GREAT SOUTH BAY ESTATES HOMEOWNER'S ASSOCIATION, INC., Respondent.

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

Decided January 5, 2010.


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

On November 10, 2004, at approximately 6:15 A.M., the plaintiff was walking her dog on a sidewalk adjacent to a marina owned by the defendant. Several hours before the plaintiff left her house, the temperature dipped below freezing level. The weather was clear, and there had been no precipitation in the area for the six days...

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