BAKER v. CAYEA

508717.

74 A.D.3d 1619 (2010)

903 N.Y.S.2d 210

RALPH BAKER, Respondent, v. WILLIAM CAYEA et al., Appellants.

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

Decided June 17, 2010.


McCarthy, J.

Plaintiff slipped and fell on ice in the driveway outside his apartment, injuring his arm. He commenced this action against defendants, his landlords, alleging that they negligently maintained the property. Defendants moved for summary judgment dismissing the complaint. Supreme Court denied the motion, finding triable questions of fact. On defendants' appeal, we affirm.

Initially, the deposition testimony raised questions as to where exactly plaintiff...

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