Fourth Department — Slip and Fall: Austin v. CDGA National Bank Trust and Canandaigua National Corporation

Appellate Division, Fourth Department

Slip and Fall

Constructive Notice

Austin v. CDGA National Bank Trust and Canandaigua National Corporation
CA 13-00351
Appealed from Supreme Court, Ontario County

Background: The plaintiff commenced an action after sustaining an injury from a slip and fall on an icy step while exiting the defendants’ bank. The defendants moved for summary judgment dismissing the complaint as there was no dangerous condition and that they had no notice of any alleged condition. The plaintiff appealed from the grant of the motion.

Ruling: The Appellate Division affirmed. The plaintiffs relied on a theory of constructive notice. The defendants demonstrated that a facilities supervisor routinely inspects the bank’s steps and sidewalk upon his arrival in the morning. He also salts and shovels the area. The defendants received no complaints about the sidewalk area. Finally, a security officer testified that he did not view any ice on the pavement, only salt residue.

Sara T. Wallitt for the plaintiff-appellant; Eric M. Dolan of Trevett Cristo Salzer & Andolina for the defendants-respondents