Fourth Department – Slip and Fall: Case v. Hazelton Court Homeowners Association

Daily Record Staff//October 30, 2015//

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Appellate Division, Fourth Department

Slip and Fall

Easement – Duty to Maintain

Case v. Hazelton Court Homeowners Association

CA 14-01843

Appealed from Supreme Court, Monroe County

Background: The plaintiff commenced an action for damages after slipping and falling on a driveway leading to the condominium complex where he resided. The defendant Homeowners Association has an easement for ingress and egress in common with the defendant owners of the driveway. The defendant owners appeal from the denial of their motion for summary judgment.

Ruling: The Appellate Division held that the record demonstrated that the defendant owners made use of the easement for its own purposes, thus raising an issue of fact whether the defendant owners retained a duty to maintain the portion of its premises that is subject to the easement.

Jeffrey P. Reisner of the Reisner Law Group for the defendant-appellant; James L. Donigan of Alexander & Catalano for the plaintiff-respondent; Alison K.L. Moyer of Rupp, Baase, Pfalzgraf, Cunningham for the defendant-respondent

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