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ADARIO-CAINE v. 69TH TENANTS CORP.

7128. 107685/11.

164 A.D.3d 1143 (2018)

83 N.Y.S.3d 37

2018 NY Slip Op 06180

Elise Adario-Caine, Appellant, v. 69th Tenants Corp. et al., Respondents.

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

Decided September 25, 2018.

Plaintiff alleged that she fell outside of her apartment building due to a sidewalk crack filled with dirty ice. Defendants argue that they are entitled to summary judgment because the sidewalk crack was too trivial to be actionable and there was a storm in progress at the time of the accident.

While defendants demonstrated that the sidewalk crack alone would have been too trivial to be actionable, they failed to show...

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