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From Jones v. New York City Hous. Auth., 2018 NY Slip Op 00027 (App. Div. 1st Dept. Jan. 2, 2018): Defendant established its prima facie entitlement to judgment as a matter of law in this action where plaintiff was injured when he slipped and fell on ice. Defendant submitted evidence, including the testimony of its supervisor of…
Read More Ice Slip/Fall Case Survives Summary Judgment
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A recent First Department decision, Rosario v. Prana Nine Props., LLC, 2016 NY Slip Op 06431 (Oct. 4, 2016), upheld the lower court’s dismissal of plaintiff’s personal injury slip-and-fall case. The court summarized the law as follows: A defendant who moves for summary judgment in a slip and fall case has the initial burden of…
Read More Slip/Fall Case Dismissed; No Duty to Correct Pedestrian-Tracked Water; No Notice of Urine
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“Under the so-called ‘storm in progress’ rule, a property owner will not be held responsible for accidents occurring as a result of the accumulation of snow and ice on its premises until an adequate period of time has passed following the cessation of the storm to allow the owner an opportunity to ameliorate the hazards…
Read More New York’s “Storm in Progress” Rule
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In Santiago v Weisheng Enters. LLC, the Appellate Division, First Department affirmed the denial of summary judgment to defendants on plaintiff’s personal injury claim. From the decision: Defendants property owner and lessee-restaurant failed to establish their entitlement to judgment as a matter of law, in this action where plaintiff alleges that he was injured when he…
Read More Defendants Not Entitled to Summary Judgment on Plaintiff’s Slip/Fall Claim
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In Sikora v Earth Leasing Prop. Ltd. Liab. Co., 2015 NY Slip Op 07918 (App. Div. 1st Dept. Oct. 29, 2015) – a personal injury ice slip/fall case – the Appellate Division, First Department affirmed a lower court decision denying defendant’s motion for summary judgment. The court explained: Defendant failed to establish entitlement to judgment as a matter of law…
Read More Plaintiff Survives Summary Judgment in Ice Slip/Fall Personal Injury Case
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In Guzman v. Broadway 922 Enters., LLC, decided July 2, 2015, the Appellate Division, First Department affirmed the denial of defendant’s motion for summary judgment on plaintiff’s snow/ice slip-and-fall case. The court considered, and rejected, defendant’s defense based on the so-called “storm in progress” rule. In addition, it provides an example of one way a…
Read More Snow/Ice Slip-and-Fall Case Continues Based on Testimony that Ice Was “Dark” and “Dirty”
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In Fisher v. Kasten, decided January 21, 2015, the Appellate Division, Second Department dismissed plaintiff’s slip-and-fall case on the basis of the so-called “storm-in-progress” rule. Plaintiff alleges that in February 2011, he was “injured after slipping and falling on an icy condition on the landing of an exterior stairway of the apartment building in which…
Read More Court Applies “Storm in Progress” Rule to Dismiss Slip-and-Fall Case
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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…
Read More Issues of Fact in Ice Slip/Fall Case Result in Proper Denial of Summary Judgment to Defendant
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In Smith v. New York City Housing Authority, a slip-and-fall case decided January 14, 2015, the Appellate Division, Second Department held that the Supreme Court should have denied defendant’s motion for summary judgment. “A real property owner or a party in possession or control of real property will be held liable for injuries sustained in…
Read More Black Ice Slip/Fall Case Continues Manhattan skyline at sunset
In Rodriguez v. County of Westchester, a snow/ice slip-and-fall case, the Appellate Division, Second Department affirmed the denial of the motion for summary judgment filed by the listing broker for the property on which plaintiff fell. Here are the facts, as summarized by the court: The plaintiff allegedly was injured when she fell while walking…
Read More Snow/Ice Slip-and-Fall Case Continues Against Property’s Listing Broker