DAVID v. CHONG SUN LEE

2011-09375.

106 A.D.3d 1044 (2013)

967 N.Y.S.2d 80

2013 NY Slip Op 3811

MONTY DAVID, Appellant, v. CHONG SUN LEE, Respondent. (And Third-Party Actions.)

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

Decided May 29, 2013.


Ordered that the order is affirmed insofar as appealed from, with costs.

In February 2003, the plaintiff allegedly slipped and fell on snow and ice on the sidewalk abutting a vacant restaurant owned by the defendant. The plaintiff thereafter commenced this action to recover damages for personal injuries. The defendant moved for summary judgment dismissing the complaint, and the Supreme Court granted the motion.

"Unless a statute or ordinance `clearly imposes...

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