In Coley v. NYC Housing Authority (decided January 20, 2015) – an ice slip-and-fall case – the Appellate Division, First Department affirmed the denial of defendant’s motion for summary judgment.
It reasoned:
Defendant failed to establish its entitlement to judgment as a matter of law in this action where plaintiff was injured when she slipped and fell on ice in defendant’s parking lot. Issues of fact exist concerning the sufficiency of defendant’s snow and ice removal efforts, whether such efforts could have created or exacerbated the icy condition that caused plaintiff’s fall, and whether defendant had notice of the condition.