WOLF v. ST. VINCENT'S CATHOLIC MED. CTRS. OF N.Y.

9141, 101241/07.

171 A.D.3d 668 (2019)

99 N.Y.S.3d 273

2019 NY Slip Op 03293

John Wolf, Appellant, v. St. Vincent's Catholic Medical Centers of New York, Respondent/Third-Party Plaintiff-Respondent. Sodexho America, LLC, Third-Party Defendant-Respondent.

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

Decided April 30, 2019.


Although it is undisputed that about 10 inches of snow fell about two hours before the January 28, 2004 accident, Supreme Court should have denied St. Vincent's and Sodexho summary judgment because their submissions failed to address the complaint's allegations that the ice was on the sidewalk before that storm and that they received notice that it was there. Specifically, they failed to present evidence from someone with knowledge as to whether either entity received a complaint...

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