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JOSEPHINE GRIZZAFFI et al., Respondents, v. PAPARODERO HOLDING CORP., Defendant and Third-Party Plaintiff-Respondent, and DANIEL A. FERNANDEZ, Doing Business as DANNY'S PIZZERIA, Defendant and Third-Party Defendant-Appellant.

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

Triable issues of fact exist, inter alia, as to whether the ice on which the plaintiff Josephine Grizzaffi slipped and fell was formed when the pile of snow created by the appellant melted and refroze ( see, Roca v. Gerardi, 243 A.D.2d 616).

Mangano, P. J., Santucci, Krausman, Florio and H. Miller, JJ., concur.

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GRIZZAFFI v. PAPARODERO HOLDING CORP
(May 10, 1999)