Legal

Knee v. Trump Village Const. Corp. 15 A.D.3d 545 (2005) 791 N.Y.S.2d 576 Docket none 2004-05865 Knee v Trump Vil. Constr. Corp. 2005 NY Slip Op 01323 [15 AD3d 545] February 22, 2005 Appellate Division, detach Department Published by new-sprung(prenominal) York State police describe Bureau pursuant to Judiciary Law § 431. As reverse through Wednesday, April 20, 2005 Michael Knee, Respondent, v Trump Village Construction Corp. et al., Appellants. [*1] In an action to recover damages for personal injuries, the defendants appeal from an flap of the Supreme Court, Kings County (Harkavy, J.), dated June 9, 2004, which denied their motion for epitome judgment dismissing the complaint. ordered that the order is affirmed, with costs. The Supreme Court properly denied the defendants motion for synopsis judgment dismissing the complaint.

The defendants motion papers, which were supported by the deposition certificate of a site manager, failed to establish a prima facie seek for summary judgment that the snow removal procedures the defendants employed did not create the icy condition that caused the plaintiffs injuries (see Karalic v City of novel York, 307 AD2d 254, 255 [2003]; Grillo v Brooklyn Hosp., 280 AD2d 452, 453 [2001]; Giamboi v Manor House Owners Corp., 277 AD2d 201, 202 [2000]). In any event, the plaintiffs opposition papers raised a triable issue of rank regarding whether the ice upon which the plaintiff slipped was formed when the snow pile created by the defendants plowing operation melted and refroze (see Cody v DiLorenzo, 304 AD2d 705 [2003]; Baillet v Auerbach, 277 AD2d 335 [2000]; Grizzaffi v Paparodero Holding Corp. , 261 AD2d 437, 438 [1999]). Schmidt, J.P., ! Santucci, Crane and Skelos, JJ., concurIf you want to get a inbuilt essay, order it on our website: OrderEssay.net

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