New York State Supreme Court, Appellate Division, Fourth Judicial Department
Slip and fall
Recurring dangerous condition – Notice
Appealed from Supreme Court, Onondaga County
Background: The plaintiff commenced a premises liability action seeking damages for injuries he sustained while returning to his delivery truck after delivering a package at the defendants’ home. He alleged that he slipped on ice-and snow-covered gravel. The plaintiff appealed from an order dismissing his complaint for failure to prosecute.
Ruling: The Appellate Division affirmed. The court held that the defendants did not have actual knowledge of any ongoing and recurring dangerous condition. The court noted that the defendant testified that snow removal efforts could displace gravel but he raked stone back into the driveway in the spring.
Janet M. Izzo, of Gillette & Izzo Law Office, for the plaintiff-appellant; Maureen G. Fatcheric, of Costello, Cooney & Fearon, for the defendants-respondents.