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FLOURNOY v. MARCY RESIDENCE, LLC

2019-08592. Index No. 512166/18.

202 A.D.3d 931 (2022)

159 N.Y.S.3d 697

2022 NY Slip Op 01009

Ernestina Flournoy, Respondent, v. Marcy Residence, LLC, Appellant, et al., Defendant.

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

Decided February 16, 2022.

Attorney(s) appearing for the Case

Gladstein Keane & Partners, LLC, New York, NY (Thomas F. Keane, of counsel), for appellant.

Louis C. Fiabane, New York, NY (Vincent C. Loiodice of counsel), for respondent.

Iannacci, J.P., Rivera, Maltese and Ford, JJ., concur.

Ordered that the amended order is affirmed insofar as appealed from, with costs.

The plaintiff allegedly was injured when she slipped and fell on ice on a sidewalk abutting premises owned by the defendant Marcy Residence, LLC (hereinafter the defendant). She thereafter commenced this action to recover damages for personal injuries, alleging that the defendant's negligent snow removal efforts created or exacerbated a hazardous condition. The plaintiff testified at...

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