Legal

Knee v. Trump Village 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, chip Department Published by new-sprung(prenominal) York State police Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, April 20, 2005

Michael Knee, Respondent,
v
Trump Village Construction Corp. et al., Appellants.
â€"[*1]
In an action to recover damages for personal injuries, the defendants appeal from an swan of the Supreme Court, Kings County (Harkavy, J.), dated June 9, 2004, which denied their motion for epitome judgment dismissing the complaint.
staged that the order is affirmed, with costs.
The Supreme Court properly denied the defendants motion for summary 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 snow removal procedures the defendants employed did not create 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 House Owners Corp., 277 AD2d 201, 202 [2000]). In any event, the plaintiffs opposition 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 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 intact essay, order it on our website: Ordercustompaper.com



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