DMP CONTRACTING CORP. v. ESSEX INSURANCE COMPANY

1916, 18455/06

76 A.D.3d 844 (2010)

907 N.Y.S.2d 487

DMP CONTRACTING CORP., Appellant, v. ESSEX INSURANCE COMPANY, Respondent, et al., Defendants.

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

Decided September 14, 2010.


In the underlying slip and fall action, the property owner Beechwood was sued for negligently allowing a parking lot to remain in an uneven, snowy and icy condition. According to the deposition testimony of the injured plaintiff, the plaintiff's father moved his vehicle out of its parking spot and she slipped as she pulled the handle to open the vehicle's door. While the father claimed that his vehicle remained in its parking spot, he testified similarly that his daughter...

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