From Casetext: Smarter Legal Research

Cerra v. Perk Development

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 1, 1993
197 A.D.2d 851 (N.Y. App. Div. 1993)

Opinion

October 1, 1993

Appeal from the Supreme Court, Monroe County, Wisner, J.

Present — Denman, P.J., Green, Balio, Fallon and Boehm, JJ.


Order unanimously reversed on the law without costs, motion granted and complaint dismissed. Memorandum: Plaintiffs commenced this action to recover for personal injuries sustained by plaintiff wife as a result of a slip and fall on a snow-covered walk on the premises of defendant's restaurant. Defendant appeals from an order denying its motion for summary judgment dismissing the complaint.

The proof is uncontroverted that a snowstorm was in progress at the time of plaintiff's fall, and thus there can be no recovery against defendant. A landowner is not responsible for a failure to remove snow and ice until a reasonable time has elapsed after cessation of the storm (Drake v. Prudential Ins. Co., 153 A.D.2d 924, 925; Newsome v. Cservak, 130 A.D.2d 637, 637-638; Valentine v. City of New York, 86 A.D.2d 381, 384, affd 57 N.Y.2d 932). Thus, a landowner has no responsibility for snow and ice removal while a storm is in progress (Newsome v. Cservak, supra; Rothrock v Cottom, 115 A.D.2d 242, lv denied 68 N.Y.2d 601; Valentine v. City of New York, supra; Moorhead v. Hummel, 36 A.D.2d 682, 683; Falina v. Hollis Diner, 281 App. Div. 711, affd 306 N.Y. 586).


Summaries of

Cerra v. Perk Development

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 1, 1993
197 A.D.2d 851 (N.Y. App. Div. 1993)
Case details for

Cerra v. Perk Development

Case Details

Full title:JOSEPHINE CERRA et al., Respondents, v. PERK DEVELOPMENT, Also Known as…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Oct 1, 1993

Citations

197 A.D.2d 851 (N.Y. App. Div. 1993)
602 N.Y.S.2d 277

Citing Cases

Williams v. Geneva B. Scruggs Com. Hlt. Care

Defendant met its initial burden of establishing its entitlement to summary judgment by submitting proof…

Vickery v. Estate of Brockman

The contention of defendant Gerald Brockman, individually, that he did not owe any duty to plaintiff, either…