The Appellate Division unanimously affirmed the Order which granted defendants' motions for summary judgment dismissing the complaint. Their expert meteorologist opined that the icy condition on the staircase where plaintiff fell was the result of snowfall that day, which stopped approximately 35 to 40 minutes prior to the accident. A reasonable amount of time had not elapsed between the end of the snowfall and the accident to charge defendants with notice of the icy condition and a duty to remedy the condition. Further, plaintiff testified that she had not seen ice on the steps at any time before her accident. In opposition, plaintiff failed to raise an issue of fact. Her expert's conclusion that the melting and refreezing of accumulated snow from prior to the snowfall caused plaintiff's fall was speculative.
Ponce v. BLDG Orchard, LLC, NY Slip Op 01215 (1st Dep't February 25, 2021)
