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ELAINE GIAMBOI, APPELLANT, v. MANOR HOUSE OWNERS CORP., RESPONDENT.

DECISION ORDER

ORDERED that the order and judgment is reversed, on the law, the defendant's motion for summary judgment is denied, and the complaint is reinstated; and it is further,

ORDERED that the appeal from the order is dismissed as academic; and it is further,

ORDERED that the appellant is awarded one bill of costs.

The plaintiff slipped and fell while crossing through a mound of snow between the street and the sidewalk in front of her apartment building. According to the deposition testimony of the defendant's employee, his usual practice in removing snow from the sidewalk around the premises was to push the snow toward the curb and to shovel several paths through the mounds of snow to the street. The defendant's motion papers, which included the employee's deposition testimony, failed to establish as a matter of law that its snow removal activities did not create a dangerous condition which caused the plaintiff's injuries (see, Vander Veer v. Henderson, 267 A.D.2d 584; Suntken v. 226 W. 7 5th St., 258 A.D.2d 314; Roca v. Gerardi, 243 A.D.2d 616; Glick v. City of New York, 139 A.D.2d 402). Accordingly, the Supreme Court erred in granting summary judgment to the defendant.

In view of our determination, the plaintiff's appeal from stated portions of the order, which, inter alia, extended the defendant's time to submit the judgment for settlement, is dismissed as academic.

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GIAMBOI v. MANOR HOUSE OWNERS
(Nov 6, 2000)