Plaintiff’s Case Arising From Slip/Fall on Black Ice Continues

In Wright v. Emigrant Savings Bank, the Appellate Division, First Department recently held that the Supreme Court, Bronx County properly denied defendant’s motion for summary judgment dismissing plaintiff’s complaint.

Defendant failed to “establish[] prima facie that it did not create or have notice of the black ice that allegedly caused plaintiff to slip and fall, as it failed to submit any evidence concerning its snow/ice removal and inspections efforts taken on the day of the accident with respect to the area where plaintiff fell.”

In addition, “plaintiff’s description of the black ice as ‘black grayish’ ‘dirty snow’ that was circular and measured about 1½ foot wide provided at least some indication that the condition had existed for some time, raising an issue of fact as to constructive notice.”