Fourth Department – Slip and fall: Glennon v. West Taft Road Associates

New York State Supreme Court, Appellate Division, Fourth Judicial Department

Slip and fall

Accumulated ice – Triable issue of fact

Glennon v. West Taft Road Associates

CA 22-00684

Appealed from Supreme Court, Onondaga County

Background: The plaintiff commenced an action seeking damages for injuries that she sustained when she slipped and fell on ice in a parking lot owned by the defendant. The defendant appealed from the denial of its motion for summary judgment.

Ruling: The Appellate Division affirmed. The court held that the opinion of the plaintiff’s expert that there was ice in the parking lot before the storm began is supported by the exhibits attached to the expert’s affidavit. The affidavit raises triable issues of fact whether the defendant had actual or constructive notice of that allegedly dangerous condition.

John F. Pfeifer, of the Law Offices of John Wallace, for the defendant-appellant; Michael J. Welch, of Nicholas, Perot, Smith, Welch & Smith, for the plaintiff-respondent.

Oral argument video