Practice point: Plaintiff alleges that he was injured after slipping and falling on an icy condition on
the landing of an exterior stairway of the apartment building in which
he resided. He commenced this action against the owners and an individual who maintains the property. The Appellate Division reversed the motion court's denial of defendant's summary judgment motion, and dismissed the complaint..
In their moving papers, defendants submitted a transcript of plaintiff's deposition testimony, the
individual defendant's affidavit, and certified meteorological records,
which demonstrated, prima facie, that it was sleeting at the time of the
occurrence. Accordingly, the Appellate Division determined that the storm in progress rule applied.
Student note: Under the rule, a property owner will not
be held responsible for accidents occurring as a result of the
accumulation of snow and ice on its premises until an adequate period of
time has passed following the cessation of the storm to allow the owner
an opportunity to ameliorate the hazards caused by the storm.
Case: Fisher v. Kasten, NY Slip Op 00491 (2d Dept. 2015)
Here is the decision.
Tomorrow's issue: A marching band, a fall, and the doctrine of assumption of the risk.
