Grzankowski v. Southgate Plaza, Inc.

Appellate Division of the Supreme Court of New York

Grzankowski v. Southgate Plaza, Inc.

267 A.D.2d 1055, 700 N.Y.S.2d 917, 1999 N.Y. App. Div. LEXIS 13855

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 30, 1999

StatusPublished

Cited by1 cases

This text of 267 A.D.2d 1055 (Grzankowski v. Southgate Plaza, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Grzankowski v. Southgate Plaza, Inc., 267 A.D.2d 1055, 700 N.Y.S.2d 917, 1999 N.Y. App. Div. LEXIS 13855 (N.Y. Ct. App. 1999).

Pincite

Opinions

—Order reversed on the law without costs, motion denied and complaint against defendant Southgate Plaza, Inc. reinstated. Memorandum: Plaintiffs commenced this action against Southgate Plaza, Inc. (defendant), among others, seeking damages for personal injuries sustained by Susan M. Grzankowski (plaintiff) when she fell on snow in the parking lot of the Southgate Plaza, owned and maintained by defendant. Defendant moved for summary judgment dismissing the complaint against it, and Supreme Court granted the motion.

We conclude that plaintiffs presented sufficient evidence to raise a triable issue of fact whether the snowstorm had abated and whether defendant had a reasonable opportunity to clear accumulated snow and slush from its parking lot prior to plaintiff’s fall (see, Williams v Scruggs Community Health Care Ctr., 255 AD2d 982).

All concur except Pigott, Jr., J., who dissents and votes to affirm in the following Memorandum.

Free access — add to your briefcase to read the full text and ask questions with AI

—Order reversed on the law without costs, motion denied and complaint against defendant Southgate Plaza, Inc. reinstated. Memorandum: Plaintiffs commenced this action against Southgate Plaza, Inc. (defendant), among others, seeking damages for personal injuries sustained by Susan M. Grzankowski (plaintiff) when she fell on snow in the parking lot of the Southgate Plaza, owned and maintained by defendant. Defendant moved for summary judgment dismissing the complaint against it, and Supreme Court granted the motion.

We conclude that plaintiffs presented sufficient evidence to raise a triable issue of fact whether the snowstorm had abated and whether defendant had a reasonable opportunity to clear accumulated snow and slush from its parking lot prior to plaintiff’s fall (see, Williams v Scruggs Community Health Care Ctr., 255 AD2d 982).

All concur except Pigott, Jr., J., who dissents and votes to affirm in the following Memorandum.

Cite This Page — Counsel Stack

Bluebook (online)

267 A.D.2d 1055, 700 N.Y.S.2d 917, 1999 N.Y. App. Div. LEXIS 13855, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grzankowski-v-southgate-plaza-inc-nyappdiv-1999.

Opinions

Related

Cite This Page — Counsel Stack