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BELO-OSAGIE v. STARRETT
Appellate Division of the Supreme Court of New York, Second Department.
Jun 12, 2007
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Ordered that the order is affirmed insofar as appealed from, with costs.
Contrary to the plaintiff's contention, the Supreme Court properly granted the defendants' motion for summary judgment dismissing the complaint. The defendants demonstrated their entitlement to judgment as a matter of law by establishing that they had no duty to clear snow and ice from the subject unpaved path where the plaintiff allegedly fell ( see Rosenbloom v City of New York, 254 AD2d 474, 475; see also Corbisiero v Hecht, 17 AD3d 396; Wesolowski v Wesolowski, 306 AD2d 402). In opposition, the plaintiff failed to raise a triable issue of fact.
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