DALEY v. JANEL TOWER L.P.

5905, 18762/07.

89 A.D.3d 408 (2011)

931 N.Y.S.2d 865

2011 NY Slip Op 7676

RUTH DALEY, Appellant, v. JANEL TOWER L.P. et al., Respondents.

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

Decided November 1, 2011.


Defendants established their prima facie entitlement to judgment as a matter of law. Plaintiff alleges that she was injured when she fell on black ice in defendants' parking lot, next to an area where defendants' contractor piled snow after a snowfall. However, the climatological reports showed that it last snowed more than one week prior to plaintiff's fall and that during the three-day period prior to plaintiff's fall, temperatures remained well above freezing. Accordingly...

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