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CARPENTER v. J. GIARDINO, LLC

510427.

81 A.D.3d 1231 (2011)

917 N.Y.S.2d 439

THOMAS N. CARPENTER et al., Respondents v. J. GIARDINO, LLC, Appellant.

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

Decided February 24, 2011.

PETERS, J.P.

On December 30, 2005, plaintiff Thomas N. Carpenter (hereinafter plaintiff) was exiting his place of work when he slipped and fell on a concrete sidewalk in front of the building, which was owned by defendant. According to plaintiff, the accident was caused by a patch of ice that had formed as a result of water that leaked from a defective drainpipe located on the side of the building above a blacktop walkway, approximately one foot from the corner of...

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