RULAND v. 130 FG, LLC

11210, 158908/15.

181 A.D.3d 441 (2020)

121 N.Y.S.3d 19

2020 NY Slip Op 01558

Roy Ruland, Appellant, v. 130 FG, LLC, Respondent. (And a Third-Party Action.)

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

Decided March 5, 2020.


Plaintiff commenced this negligence action to recover for personal injuries he allegedly sustained when he slipped and fell on ice on the sidewalk in front of a building on East 45th Street in Manhattan, owned by defendant. Plaintiff indicated in his deposition that there was fresh snow on the ground at the time of the accident, which occurred around 7:30 or 7:45 in the morning. Because it snowed overnight, defendant had until 11:00 a.m. to clear any fresh snow and ice (...

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