Warren v. Partnership Properties, Inc.

Appellate Division of the Supreme Court of New York

Warren v. Partnership Properties, Inc.

21 A.D.3d 1344, 801 N.Y.S.2d 854

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

DecidedSeptember 30, 2005

StatusPublished

This text of 21 A.D.3d 1344 (Warren v. Partnership Properties, 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

Warren v. Partnership Properties, Inc., 21 A.D.3d 1344, 801 N.Y.S.2d 854 (N.Y. Ct. App. 2005).

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Opinion

[1345]*1345Appeal from an order of the Supreme Court, Onondaga County (Anthony J. Paris, J.), entered October 4, 2004 in a personal injury action. The order denied defendants’ motion for summary judgment dismissing the complaint.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is granted and the complaint is dismissed.

Memorandum: Plaintiffs commenced this action to recover damages for injuries sustained by Arthur I. Warren, Sr. (plaintiff) when he slipped and fell on the sidewalk outside the housing complex where plaintiffs reside. Supreme Court erred in denying defendants’ motion for summary judgment dismissing the complaint. Defendants met their initial burden by establishing that plaintiff slipped and fell as the result of an ongoing ice storm, and plaintiffs failed to raise a triable issue of fact “whether the ice upon which [plaintiff] slipped was present for a sufficient period of time prior to the storm such that defendants could be found to have had actual or constructive notice thereof’ (Cohen v A.R. Fuel, 290 AD2d 640, 642 [2002]; see Campagnano v Highgate Manor of Rensselaer, 299 AD2d 714, 715-716 [2002]). Present—Pigott, Jr., P.J., Green, Kehoe and Martoche, JJ.

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[1345]*1345Appeal from an order of the Supreme Court, Onondaga County (Anthony J. Paris, J.), entered October 4, 2004 in a personal injury action. The order denied defendants’ motion for summary judgment dismissing the complaint.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is granted and the complaint is dismissed.

Memorandum: Plaintiffs commenced this action to recover damages for injuries sustained by Arthur I. Warren, Sr. (plaintiff) when he slipped and fell on the sidewalk outside the housing complex where plaintiffs reside. Supreme Court erred in denying defendants’ motion for summary judgment dismissing the complaint. Defendants met their initial burden by establishing that plaintiff slipped and fell as the result of an ongoing ice storm, and plaintiffs failed to raise a triable issue of fact “whether the ice upon which [plaintiff] slipped was present for a sufficient period of time prior to the storm such that defendants could be found to have had actual or constructive notice thereof’ (Cohen v A.R. Fuel, 290 AD2d 640, 642 [2002]; see Campagnano v Highgate Manor of Rensselaer, 299 AD2d 714, 715-716 [2002]). Present—Pigott, Jr., P.J., Green, Kehoe and Martoche, JJ.

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Bluebook (online)

21 A.D.3d 1344, 801 N.Y.S.2d 854, Counsel Stack Legal Research, https://law.counselstack.com/opinion/warren-v-partnership-properties-inc-nyappdiv-2005.

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