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TZAMAROT v. JP MORGAN CHASE & CO.

7937. 150451/14.

167 A.D.3d 550 (2018)

88 N.Y.S.3d 870

2018 NY Slip Op 09023

Aaron Tzamarot, Appellant, v. JP Morgan Chase & Co., et al., Respondents. JP Morgan Chase & Co., Third-Party Plaintiff, v. McGuire Service Corp., Third-Party Defendant-Respondent.

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

Decided December 27, 2018.

Dismissal of the complaint was proper since plaintiff's attempt to walk on top of a curbside mound of snow as a shortcut to his parked car, instead of using a nearby path that had been cleared of snow and ice, was the sole proximate cause of his accident (see Tchouke v City of New York, 158 A.D.3d 412 [1st Dept 2018]; McKenzie v City of New York, 116 A.D.3d 526, 527 [1st Dept 2014]; Polomski...

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