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EDWARDS v. LEVY

9873.

175 A.D.3d 1193 (2019)

110 N.Y.S.3d 12

2019 NY Slip Op 06713

Keith Edwards, Respondent, v. Shauna Levy et al., Appellants.

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

September 24, 2019.

Attorney(s) appearing for the Case

Mauro Lilling Naparty LLP, Woodbury ( Jessica L. Smith of counsel), for appellants.

Arnold E. DiJoseph, P.C., New York ( Arnold E. DiJoseph, III of counsel), for respondent.

Concur—Sweeny, J.P., Richter, Kapnick, Kern, Singh, JJ.

Defendants established their prima facie entitlement to judgment as a matter of law in this action where plaintiff was injured when, while carrying a ladder with both hands, he slipped down the front porch stairs of defendants' house. Plaintiff testified that it had rained about one to two hours before the accident and that his fall was caused by his wet feet from the rain. "Mere wetness on a walking surface due to rain does not...

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