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KILLEEN v. OUR LADY OF MERCY MEDICAL CENTER

35 A.D.3d 205 (2006)

827 N.Y.S.2d 19

THOMAS KILLEEN, Appellant, v. OUR LADY OF MERCY MEDICAL CENTER, Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided December 7, 2006.

In this action for personal injury sustained by plaintiff when he allegedly slipped and fell on black ice in the loading dock area of defendant's premises, defendant met its burden of demonstrating, prima facie, that it had not created the alleged hazard or had actual or constructive notice of it (see Manning v Americold Logistics, LLC, 33 A.D.3d 427 [2006]). In response, plaintiff failed to adduce evidence sufficient to raise a...

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