Decker v. Smith, 217 A.D.2d 776
Jul 13, 1995OUTCOME: Homeowner not liable. Appeal defense successful
Slip and fall case allegedly on ice, represented the defendant homeowner. A grain delivery person slipped and fell while making a delivery, and sustained back injuries. He sued, claiming homeowner sh ... ould have seen alleged ice and removed it. Court ruled no liability due to failure to even see ice after falling, and therefore homeowner could not have known, as the defect was not "visible and apparent."