ESTATE OF ALESSANDRO v. ALESSANDRO

21692/18E. Appeal No. 16336. Case No. 2020-03138.

209 A.D.3d 421 (2022)

174 N.Y.S.3d 844

2022 NY Slip Op 05583

Estate of Rocco Alessandro, Deceased, by Nicolina A. Alessandro, as Administrator, Appellant, v. Carmine Alessandro, Respondent.

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

Decided October 6, 2022.


Attorney(s) appearing for the Case

Mavroudis Law, LLC, New York ( John M. Mavroudis of counsel), for appellant.

Cerussi & Spring, P.C., White Plains ( Richard D. Bentzen of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Mazzarelli, Moulton, Kennedy, Pitt, JJ.


Order, Supreme Court, Bronx County (Wilma Guzman, J.), entered on or about May 6, 2020, which granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The court properly concluded that defendant sustained his initial burden of demonstrating that decedent's accident was not caused by defendant's negligence in failing to clear snow and ice from the front stairs of the building he owned, because a storm was in progress...

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