ROGERS v. NIAGARA FALLS BRIDGE COMMISSION

1353 CA 10-00406.

79 A.D.3d 1637 (2010)

914 N.Y.S.2d 539

NICHOLAS J. ROGERS, Respondent, v. NIAGARA FALLS BRIDGE COMMISSION, Appellant.

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

Decided December 30, 2010.


It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this action seeking damages for injuries he sustained when he allegedly slipped and fell on black ice in a parking lot owned by defendant. Defendant contends that Supreme Court erred in denying its motion for summary judgment dismissing the complaint. We reject that contention inasmuch as defendant failed to meet its initial burden of establishing...

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