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LORRAINE BELL, respondent, v. NEW YORK CITY HOUSING AUTHORITY, appellant.

DECISION ORDER

ORDERED that the judgment is reversed, on the law, and a new trial is granted on the issues of liability and damages, with costs to abide the event.

On February 12, 1993, the plaintiff was allegedly injured when she tripped and fell on a temporary snow-covered ramp in front of an apartment building owned by the defendant.

The court erred in denying the defendant's request to charge the jury regarding its responsibility to use reasonable care to keep the property clear of snow and ice in areas where use by pedestrians is foreseeable (see, PJI 2:111A.1), since there was evidence that it was snowing at the time of the accident (cf., Kay v. Flying Goose, 203 A.D.2d 332; Newsome v. Cservak, 130 A.D.2d 637). Accordingly, a new trial is required on the issue of liability.

Upon our review of the record, we find that a new trial is required, as well, on the issue of damages.

In light of our determination, we need not address the appellant's remaining contentions.

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BELL v. NEW YORK CITY HOUSING AUTHORITY
(Feb 17, 2000)