EISENBERG v. TOWN OF CLARKSTOWN

2018-04529, Index No. 33460/16.

172 A.D.3d 683 (2019)

99 N.Y.S.3d 394

2019 NY Slip Op 03319

Avraham Eisenberg, Appellant, v. Town of Clarkstown, Respondent.

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

Decided May 1, 2019.


Ordered that the order is reversed, on the law, with costs, and the defendant's motion for summary judgment dismissing the complaint is denied.

On January 27, 2016, at approximately 11:30 p.m., the plaintiff allegedly slipped and fell on ice on the paved entrance to an outdoor parking lot owned by the defendant, Town of Clarkstown. Snow fell on January 23 and 24, 2016, and there was snow covering the sidewalk abutting the paved roadway where the accident occurred...

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