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MARIA MARRERO, Respondent, v. MARIO MILEVOI et al., Appellants, and ROSE FOOD, INC., Doing Business as ROSE'S DELI GROCERY, Respondent, et al., Defendant.

Plaintiff's submissions, which include an expert's affidavit that the ice-encrusted ridge of old snow, on which plaintiff slid and which was concealed by new snowfall, could not have formed naturally but was created by appellants' negligent shovelling after a prior storm, raise an issue of fact as to whether appellants made the sidewalk more dangerous than it otherwise would have been, precluding summary judgment in their favor ( compare, Camacho v. Ezras Yisrael, Inc., 221 A.D.2d 275, with Keane v. City of New York, 208 A.D.2d 457).

Concur — Rosenberger, J.P., Wallach, Rubin, Kupferman and Mazzarelli, JJ.

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MARRERO v. MILEVOI
(May 2, 1996)