LAMA v. PHAM

337 CA 20-00386.

196 A.D.3d 1053 (2021)

147 N.Y.S.3d 484

2021 NY Slip Op 04299

Philip Lama, Appellant, v. Peter Pham, Respondent.

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

Decided July 9, 2021.


Attorney(s) appearing for the Case

STEINER & BLOTNIK, BUFFALO ( RICHARD J. STEINER OF COUNSEL), FOR PLAINTIFF-APPELLANT.

HAGELIN SPENCER LLC, BUFFALO ( MATTHEW D. PFALZER OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Present—Centra, J.P., Peradotto, Curran, Winslow and DeJoseph, JJ.


It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion is denied and the complaint is reinstated.

Memorandum: Plaintiff commenced this action seeking to recover damages for injuries that he sustained when he slipped and fell on a snow-covered piece of debris on defendant's property. Defendant moved for summary judgment dismissing the complaint on the ground that plaintiff did not establish that defendant created...

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