December 26, 2014

Snow, ice, and a homeowner's liability.

Practice point:  Owners of owner-occupied single-family homes are exempt from liability imposed pursuant to section 7-210(b) of the Administrative Code of the City of New York for negligent failure to remove snow and ice from the abutting public sidewalk. However, they can be held liable where they, or someone on their behalf, undertook snow and ice removal efforts which made the natural conditions more hazardous.

Student note:  A property owner that elects to engage in snow removal must act with reasonable care so as to avoid creating a hazardous condition or exacerbating a natural hazard created by a storm.

Case:  Arashkovitch v. City of New York, NY Slip Op 08793 (2d Dept. 2014)

 Here is the decision.

Monday's issue: Dismissal of Labor Law claims.