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JUBIE v. EMERSON MANAGEMENT ENTERPRISES, LLC

530400.

189 A.D.3d 2030 (2020)

139 N.Y.S.3d 392

2020 NY Slip Op 08144

Candancesue Jubie, Respondent, v. Emerson Management Enterprises, LLC, et al., Defendants, and Kenneth J. Umhey Jr., Appellant.

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

Decided December 31, 2020.

Attorney(s) appearing for the Case

Santacrose & Frary, Albany ( Keith M. Frary of counsel), for appellant.

Zwiebel & Fairbanks, LLP, Kingston ( Alan Zwiebel of counsel), for respondent.

Garry, P.J., Egan Jr. and Pritzker, JJ., concur.

Plaintiff commenced this action for personal injuries allegedly sustained after she slipped and fell on ice in a parking lot of a resort in March 2017. Defendant Kenneth J. Umhey Jr. (hereinafter defendant) provided snow removal services for the resort pursuant to an oral contract. Following joinder of issue and discovery, defendant moved...

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