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Thomas v. First Baptist C. of Westbury, N.Y

Appellate Division of the Supreme Court of New York, Second Department
Dec 22, 1997
245 A.D.2d 501 (N.Y. App. Div. 1997)

Opinion

December 22, 1997

Appeal from the Supreme Court, Nassau County (DeMaro, J.).


Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

Before a landowner can be held liable for a hazardous condition created by the accumulation of snow or ice during a storm, a reasonable time for taking corrective measures after the cessation of the storm must pass ( see, Fuks v. New York City Tr. Auth., 243 A.D.2d 678; Flanagan v. City of New York, 243 A.D.2d 677; Siegel v. Molino, 236 A.D.2d 879; Wall v. Village of Mineola, 237 A.D.2d 511; Perlicz v. Redeemer Lutheran Church, 229 A.D.2d 378). In the instant case, the evidence established that the injured plaintiff slipped and fell in an area which was covered with new-fallen snow, and that it was still snowing when she fell. Thus, the defendant is entitled to summary judgment dismissing the complaint ( see, Fuks v. New York City Tr. Auth., supra; Flanagan v. City of New York, supra; Siegel v. Molino, supra; Wall v. Village of Mineola, supra).

Bracken, J. P., Pizzuto, Altman, Krausman and Lerner, JJ., concur.


Summaries of

Thomas v. First Baptist C. of Westbury, N.Y

Appellate Division of the Supreme Court of New York, Second Department
Dec 22, 1997
245 A.D.2d 501 (N.Y. App. Div. 1997)
Case details for

Thomas v. First Baptist C. of Westbury, N.Y

Case Details

Full title:VIOLA THOMAS et al., Respondents v. FIRST BAPTIST CHURCH OF WESTBURY…

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

Date published: Dec 22, 1997

Citations

245 A.D.2d 501 (N.Y. App. Div. 1997)
666 N.Y.S.2d 485

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