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Bordonaro v. Garcia

Appellate Division of the Supreme Court of New York, Second Department
Aug 4, 1997
242 A.D.2d 256 (N.Y. App. Div. 1997)

Opinion

August 4, 1997

Appeal from the Supreme Court, Dutchess County (Jiudice, J.).


Ordered that the order is affirmed, with costs.

The injured plaintiff allegedly slipped and fell on ice while descending the front stairs of the defendants' home. The Supreme Court properly granted the defendants' motion for summary judgment. There is no evidence that the defendants created the icy condition nor is there any evidence that the defendants had actual or constructive knowledge of the icy condition. Furthermore, the plaintiffs failed to show that the defendants made the area more hazardous by any snow and ice removal efforts (see, Gordon v. American Museum of Natural History, 67 N.Y.2d 836, 837; Mandel v. City of New York, 44 N.Y.2d 1004; Arcuri v. Vitolo, 196 A.D.2d 519; Stewart v. Yeshiva Nachlas Haleviym, 186 A.D.2d 731).

Miller, J.P., Thompson, Joy and Luciano, JJ., concur.


Summaries of

Bordonaro v. Garcia

Appellate Division of the Supreme Court of New York, Second Department
Aug 4, 1997
242 A.D.2d 256 (N.Y. App. Div. 1997)
Case details for

Bordonaro v. Garcia

Case Details

Full title:ROBERT BORDONARO et al., Appellants, v. ANA GARCIA et al., Respondents

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Aug 4, 1997

Citations

242 A.D.2d 256 (N.Y. App. Div. 1997)
661 N.Y.S.2d 544

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