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Fourth Department — Slip and Fall: Brady v. Casilio, et al.
Daily Record Staff//March 27, 2012//
Appellate Division, Fourth Department
Ownership and Control
Brady v. Casilio, et al.
CA 11-02074
Appealed from Supreme Court, Erie County
Background: The plaintiff commenced an action seeking damages for the injuries she sustained from a slip and fall in the defendants’ parking lot. The defendants moved for summary judgment arguing that they did not control the premises where the accident had occurred. Their motions were denied.
Ruling: The Appellate Division reversed. The defendants had presented photographic evidence that established that the parking lot is adjacent to the property owned or leased by the defendants. Moreover, the plaintiff’s submission of the police officer’s accident report did not raise a triable issue of fact, especially as he did not witness the accident.
Michael A. Riehler of the Sugarman Law Firm LLP and Christopher M. Yapchanyk of the Law Office of Edward M. Eustace for the defendants-appellants; Neil A. Pawlowski of Kenney Shelton Liptak Nowak LLP for the defendants-respondents
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