From Casetext: Smarter Legal Research

Cody v. DiLorenzo

Appellate Division of the Supreme Court of New York, Second Department
Apr 21, 2003
304 A.D.2d 705 (N.Y. App. Div. 2003)

Opinion

2002-06290

Submitted March 21, 2003.

April 21, 2003.

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Queens County (Golia, J.), dated May 31, 2002, which denied her motion for summary judgment dismissing the complaint.

Epstein, Grammatico, Gann Frankini, Woodbury, N.Y. (Mona Haas and Dennis S. Heffernan of counsel), for appellant.

Campos Pavlides, P.C., Flushing, N.Y. (Drew Wasserman of counsel), for respondent.

Before: FRED T. SANTUCCI, J.P., ROBERT W. SCHMIDT, THOMAS A. ADAMS, BARRY A. COZIER, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

A defendant will only be held liable for a slip-and-fall accident involving snow and ice on his or her property when the defendant created a dangerous condition or had actual or constructive notice thereof (see Simmons v. Metropolitan Life Ins. Co., 84 N.Y.2d 972; Voss v. D C Parking, 299 A.D.2d 346). Although a defendant has no duty to remove snow during an ongoing storm, a defendant may be held liable where that party's snow removal efforts create a hazardous condition or exacerbate a natural hazard created by the storm (see Grillo v. Brooklyn Hosp., 280 A.D.2d 452; Rugova v. 2199 Holland Ave. Apt. Corp., 272 A.D.2d 261).

Contrary to the defendant's contention, the Supreme Court properly denied her motion for summary judgment dismissing the complaint since there was an issue of fact as to whether her snow removal efforts created the icy condition (see Grillo v. Brooklyn Hosp., supra; Baillet v. Auerbach, 277 A.D.2d 335).

SANTUCCI, J.P., SCHMIDT, ADAMS and COZIER, JJ., concur.


Summaries of

Cody v. DiLorenzo

Appellate Division of the Supreme Court of New York, Second Department
Apr 21, 2003
304 A.D.2d 705 (N.Y. App. Div. 2003)
Case details for

Cody v. DiLorenzo

Case Details

Full title:KENNETH CODY, respondent, v. DENISE DiLORENZO, appellant

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

Date published: Apr 21, 2003

Citations

304 A.D.2d 705 (N.Y. App. Div. 2003)
757 N.Y.S.2d 789

Citing Cases

Viera v. Rymdzionek

The plaintiff alleged that on January 29, 2009, between 3:00 a.m. and 3:15 a.m., she slipped and fell on a…

Vasta v. Home Depot

The Supreme Court properly denied the defendant's motion for summary judgment. In order for the defendant to…