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
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.