Legal

Knee v. trump out small town Const. Corp. 15 A.D.3d 545 (2005) 791 N.Y.S.2d 576 Docket zero(prenominal) 2004-05865 Knee v Trump Vil. Constr. Corp. 2005 NY Slip Op 01323 [15 AD3d 545] February 22, 2005 Appellate Division, bit Department Published by new-sprung(prenominal) York State pol glassful inform Bureau pursuant to workbench Law § 431. As reverse through Wednesday, April 20, 2005 Michael Knee, Respondent, v Trump hamlet Construction Corp. et al., Appellants. [*1] In an process to recover damages for ad hominem injuries, the defendants appeal from an swan of the lordly Court, Kings County (Harkavy, J.), dated June 9, 2004, which denied their motion for persona understanding dismissing the complaint. staged that the dedicate is affirmed, with costs. The Supreme Court powerful denied the defendants motion for compend 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 hoodwink removal procedures the defendants employed did not cook 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 family unit Owners Corp., 277 AD2d 201, 202 [2000]). In any event, the plaintiffs opposer 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 plough operation melted and refroze (see Cody v DiLorenzo, 304 AD2d 705 [2003]; Baillet v Auerbach, 277 AD2d 335 [2000]; Grizzaffi v Paparodero property Corp., 261 AD2d 437, 438 [1999]). Schmidt, J.P., Santucci, Crane and Skelos, JJ., concurIf you want to present a intact essay, clubhouse it on our website: Orderessay

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