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SPICER v. ESTATE OF ONDEK

60 A.D.3d 1234 (2009)

875 N.Y.S.2d 614

DOROTHY SPICER et al., Appellants, v. ESTATE OF ROBERT ONDEK, Deceased, Respondent.

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

Decided March 19, 2009.

STEIN, J.

In February 2003, plaintiff Dorothy Spicer (hereinafter plaintiff) was injured when she slipped and fell as she was leaving the residence of Robert Ondek (hereinafter decedent) and M. Carol Ondek. Snow had been falling for over an hour and about an inch had accumulated. Plaintiff asserted that she slipped on ice and snow on the driveway that had fallen prior to that day. Plaintiff and her husband, derivatively, commenced this action alleging that the driveway...

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