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ANN MARIE NAUGHTON v. WAYNE K. MUELLER (04/11/94)

decided: April 11, 1994.

ANN MARIE NAUGHTON, APPELLANT,
v.
WAYNE K. MUELLER, ET AL., RESPONDENTS.



Thomas R. Sullivan, J.p., Daniel W. Joy, Edward J. Hart, Gabriel M. Krausman, JJ.

DECISION & ORDER

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Westchester County (Burrows, J.), entered November 27, 1991, which granted the defendants' motions for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

The plaintiff Ann Marie Naughton sustained personal injuries in a one-car accident when the vehicle she was operating skidded on ice at a point uphill from the Mueller residence and from the City of New Rochelle's storm drain. Naughton contends she lost control of her vehicle as a result of an icy condition created by water which was discharged onto the roadway either from an inoperable hose on the Mueller ...


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