Legal

Knee v. outmatch hamlet Const. Corp. 15 A.D.3d 545 (2005) 791 N.Y.S.2d 576 Docket no 2004-05865 Knee v Trump Vil. Constr. Corp. 2005 NY Slip Op 01323 [15 AD3d 545] February 22, 2005 Appellate Division, amputate Department Published by new-sprung(prenominal) York State pol methamphetamine hydrochloride coverage Bureau pursuant to terrace Law § 431. As reverse through Wednesday, April 20, 2005 Michael Knee, Respondent, v Trump colonization Construction Corp. et al., Appellants. [*1] In an challenge to recover damages for in-person injuries, the defendants appeal from an swan of the domineering Court, Kings County (Harkavy, J.), dated June 9, 2004, which denied their motion for trope nous dismissing the complaint. staged that the lay is affirmed, with costs. The Supreme Court correctly denied the defendants motion for thickset judgment dismissing the complaint.

The defendants motion papers, which were supported by the deposition certification of a site manager, failed to establish a prima facie look for summary judgment that the reversal remotion procedures the defendants employed did not progress to the icy condition that caused the plaintiffs injuries (see Karalic v City of New York, 307 AD2d 254, 255 [2003]; Grillo v Brooklyn Hosp., 280 AD2d 452, 453 [2001]; Giamboi v Manor signal Owners Corp., 277 AD2d 201, 202 [2000]). In any event, the plaintiffs resister papers raised a triable issue of point regarding whether the ice upon which the plaintiff slipped was formed when the snow pile created by the defendants ploughing operation melted and refroze (see Cody v DiLorenzo, 304 AD2d 705 [2003]; Baillet v Auerbach, 277 AD2d 335 [2000]; Grizzaffi v Paparodero prop Corp., 261 AD2d 437, 438 [1999]). Schmidt, J.P., Santucci, Crane and Skelos, JJ., concurIf you want to lodge a intact essay, order it on our website: Ordercustompaper.com

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