HEVIA v. SMITHTOWN AUTO BODY OF LONG ISLAND, LTD.

2011-00421

91 A.D.3d 822 (2012)

937 N.Y.S.2d 284

2012 NY Slip Op 488

GLORIA HEVIA, Respondent, v. SMITHTOWN AUTO BODY OF LONG ISLAND, LTD., Appellant. (And a Third-Party Action.)

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

Decided January 24, 2012.


Ordered that the order is affirmed, with costs.

The plaintiff allegedly slipped and fell in the early morning hours as a result of an icy and snowy condition on a sidewalk abutting premises leased by the defendant. Snow had last fallen two or three days prior to the date of the incident.

"Generally, liability for injuries sustained as a result of negligent maintenance of or the existence of dangerous and defective conditions [on] public sidewalks is placed...

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