Snow/Ice Injuries

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In Ndiaye v. NEP W. 119th St. LP, a slip-and-fall personal injury case, the Appellate Division, First Department reversed the trial court’s order granting defendant’s motion for summary judgment. Plaintiff sued to recover damages for injuries she allegedly suffered when she slipped and fell on ice on the front steps of defendant’s building. Defendant claimed…

Read More Court Rejects “Storm-In Progress” Argument in Reversing Summary Judgment for Defendant in Ice Slip/Fall Case
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In Stanziale v. City of New York, the Appellate Division, Second Department held that a pedestrian walkway on which plaintiff allegedly slipped and fell was not part of the “sidewalk” for purposes of the statute shifting liability to private property owners. In this case, the plaintiff slipped on fell on snow and ice on a pedestrian ramp abutting…

Read More Pedestrian Ramp Was Not Part of the “Sidewalk”; Ice Slip/Fall Case Dismissed
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In Arashkovitch v. City of New York (2nd Dept. 12/17/14), a snow/ice slip-and-fall case, the court affirmed the denial of defendants’ motion for summary judgment. Here is the law: Homeowners of single-family homes that are owner-occupied, such as the appellants, are exempt from liability imposed pursuant to section 7-210(b) of the Administrative Code of the City of New…

Read More Creating or Exacerbating Icy Condition May Give Rise to Liability in Personal Injury Case
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Winter is coming. For New Yorkers who commute on NYC subways, that means increased chances of slipping and falling on snow and ice. However, slips and falls on snow and ice don’t always give rise to liability. One example of a failed snow/ice case is Clement v. The New York City Transit Authority, decided November 13,…

Read More “Storm in Progress” Defense Kills Slip-and-Fall Lawsuit
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In Rodriguez v. Woods (a snow/ice slip-and-fall case) the Appellate Division, First Department reversed summary judgment for defendant City of New York. Plaintiff sued to recover for injuries sustained when she fell on an icy sidewalk. The main dispute in this case was “whether plaintiff raised an issue of fact as to whether the ice on…

Read More Injured Plaintiff Presents Sufficient Facts to Overcome Summary Judgment in Snow/Ice Slip-and-Fall Personal Injury Case
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In Ortiz v. New York City Housing Authority, decided Sept. 11, 2014, the Appellate Division, First Department affirmed the denial of defendant’s motion for summary judgment. In this personal injury slip/trip-and-fall case, plaintiff sued after she was injured after falling on ice on the sidewalk adjacent to defendant’s residential building. In finding that the trial…

Read More Plaintiff Overcomes Summary Judgment in Ice Trip/Fall Case
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In a recent case, Harrison v. New York City Tr. Auth., the First Department clarified how juries must be instructed on the issue of constructive notice in a slip-and-fall case. There, the court reversed a judgment entered on a $500,000 jury verdict for plaintiff and ordered a new trial on liability. Plaintiff “slipped and fell on…

Read More Citing Erroneous Jury Instruction on Constructive Notice, Court Orders New Liability Trial in Subway Slip/Fall Case
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