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O'NEIL v. RIC WARRENSBURG ASSOCIATES, LLC

512509.

90 A.D.3d 1126 (2011)

933 N.Y.S.2d 768

2011 NY Slip Op 8708

JULIE ANNE O'NEIL et al., Appellants, v. RIC WARRENSBURG ASSOCIATES, LLC, Defendant and Third-Party Plaintiff-Respondent. JAMES C. DAVIS, Doing Business as DAVIS CONSTRUCTION COMPANY, Third-Party Defendant-Respondent.

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

Decided December 1, 2011.

LAHTINEN, J.

At about 6:50 A.M. on January 23, 2006, plaintiff Julie Anne O'Neil (hereinafter plaintiff) parked her vehicle in a parking lot owned by defendant. It was snowing lightly, about one half of an inch of snow had already fallen that morning and the temperature was in the mid 20s. As plaintiff walked toward her place of employment, she slipped and fell on an alleged patch of ice located under the newly fallen snow. Plaintiff and her husband, derivatively...

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