Ordered that the order is affirmed insofar as appealed from, with costs.
This action arises from the plaintiff's alleged slip and fall on a patch of black ice in the parking lot of a 7-Eleven store, owned by the defendant Guy Constantopoulos (hereinafter the appellant) pursuant to a franchise agreement.
In moving for summary judgment, the appellant failed to establish, prima facie, that he did not create the icy condition that allegedly caused the plaintiff...
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