HAGGERTY v. MANGANO

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Supreme Court, Appellate Division, First Department, New York.

Patricia HAGGERTY, Plaintiff-Respondent, v. Rosolino MANGANO, et al., Defendants-Appellants.

Decided: July 29, 1999

SULLIVAN, J.P., NARDELLI, TOM and WALLACH, JJ. Martin Diennor, for Plaintiff-Respondent. Max W. Gershweir, for Defendants-Appellants.

Order, Supreme Court, New York County (Lorraine Miller, J.), entered September 15, 1998, which denied defendants' motion for summary judgment dismissing the complaint of plaintiff-tenant, unanimously affirmed, without costs or disbursements.

Plaintiff-tenant in the premises slipped on ice on the stoop of the building as she exited, fracturing her ankle.   The accident happened approximately 75 minutes after a storm had deposited snow and ice in the area.   Prior to the accident, defendants, or their agent, had cleared a path down the front steps.

As found by the IAS court, there is a material issue of fact as to whether defendants' snow and ice removal prior to plaintiff's fall created a dangerous condition or increased the natural hazard (see, Stoller v. Riverbay Corp., 222 A.D.2d 343, 635 N.Y.S.2d 603).   Further, plaintiff submitted an affidavit from a visitor to the premises that day who was present when a tenant complained of the icy condition of the steps to defendants' agents after the partial removal of snow and ice and before plaintiff's accident.

MEMORANDUM DECISION.