PEREZ v. THE PINNACLE GROUP, INC.

9321, 302048/15.

172 A.D.3d 525 (2019)

101 N.Y.S.3d 30

2019 NY Slip Op 03887

Irma Perez, Appellant, v. The Pinnacle Group, Inc., et al., Respondents.

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

Decided May 16, 2019.


Defendants satisfied their prima facie burden by showing that freezing rain was falling at the time of plaintiff's accident. Prior to stepping on the ramp on which she slipped and fell, plaintiff testified that she looked down and saw "small balls of ice." When asked what caused her to fall, she testified "the bad weather—the inclement weather . . . It was very slippery. It had to be the ice." She also stated that while she did not know how long the ice had been there...

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