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Wesolowski v. Wesolowski

Appellate Division of the Supreme Court of New York, Second Department
Jun 16, 2003
306 A.D.2d 402 (N.Y. App. Div. 2003)

Opinion

2002-06604

Submitted May 27, 2003.

June 16, 2003.

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Orange County (Slobod, J.), dated May 17, 2002, which granted the defendant's motion for summary judgment dismissing the complaint.

Conway Kirby, LLP, Niskayuna, N.Y. (Andrew W. Kirby of counsel), for appellant.

Eisenberg, Kirsch Conaty, Liberty, N.Y. (Charles R. Olsen, Jr., of counsel), for respondent.

Before: DAVID S. RITTER, J.P., WILLIAM D. FRIEDMANN, HOWARD MILLER, SANDRA L. TOWNES, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

Contrary to the plaintiff's contention, the defendant property owner's duty of care did not require him to shovel or otherwise remedy the snow and ice condition in a grassy area adjacent to the driveway where the plaintiff slipped and fell (see Rosenbloom v. City of New York, 254 A.D.2d 474; Garcia v. New York City Hous. Auth., 234 A.D.2d 102; Palmer v. Prescott, 208 A.D.2d 1065; Bacon v. Mussaw, 167 A.D.2d 741).

RITTER, J.P., FRIEDMANN, H. MILLER and TOWNES, JJ., concur.


Summaries of

Wesolowski v. Wesolowski

Appellate Division of the Supreme Court of New York, Second Department
Jun 16, 2003
306 A.D.2d 402 (N.Y. App. Div. 2003)
Case details for

Wesolowski v. Wesolowski

Case Details

Full title:PATRICIA WESOLOWSKI, appellant, v. MICHAEL WESOLOWSKI, respondent

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

Date published: Jun 16, 2003

Citations

306 A.D.2d 402 (N.Y. App. Div. 2003)
760 N.Y.S.2d 886

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