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AUGUSTIN VASQUEZ VARGAS, Respondent, v. CENTRAL PARKING SYSTEM, Appellant.

There is an issue of fact as to whether the ice on which plaintiff allegedly slipped was a result of melting and refreezing of the runoff from the mountain of snow on the sidewalk adjacent to defendant's premises, created by its employees three days earlier ( see Santiago v New York City Hous. Auth., 274 AD2d 335). In view of plaintiffs theory that defendant's snow removal methods created the alleged dangerous condition, defendant's contention that plaintiff failed to raise a triable issue of fact as to notice is without merit ( Yery Suh v Fleet Bank, N.A., 16 AD3d 276).

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VASQUEZ v. PARKING
(Dec 14, 2006)