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Question of Fact Whether Snow Removal Efforts Created or Exacerbated Icy Condition

The Second Department determined summary judgment should not have been granted in favor of the property owner in a slip and fall case.  The plaintiff slipped on ice on metal vault doors in the sidewalk in front of defendants’ restaurant.  The defendants failed to demonstrate that their snow removal efforts did not create or exacerbate the condition:

A property owner that elects to engage in snow removal activities must act with reasonable care so as to avoid creating a hazardous condition or exacerbating a natural hazard created by a storm … . Contrary to the defendants’ contention, they failed to demonstrate their prima facie entitlement to judgment as a matter of law, as they failed to establish that the snow removal efforts that were undertaken prior to the accident neither created nor exacerbated the allegedly hazardous icy condition which caused the plaintiff to fall.. . Gwinn v Christina’s Polish Rest Inc, 2014 NY Slip Op 03485, 2nd Dept 5-14-14

 

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No Demonstrated Connection Between Stair-Related Code Violations and Injury
THE MAJORITY HELD DEFENDANT, BY APPROACHING A JUROR AT THE JUROR’S HOME DURING DELIBERATIONS, FORFEITED HIS RIGHT TO A TRIAL BY A JURY OF 12; OVER A DEFENSE MOTION FOR A MISTRIAL, DEFENDANT WAS CONVICTED BY A JURY OF 11 AND THE MAJORITY AFFIRMED; THERE WAS A STRONG DISSENT (SECOND DEPT).
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Comments Made by Dean and Assistant Dean in Their Professional Capacities Protected by a Qualified Privilege
Prior Written Notice of Defect Not Needed Where It Is Alleged Municipality Created Dangerous Condition.
BECAUSE THE DESIGNATING PETITIONS OF THE INITIAL CANDIDATE FOR STATE SENATE WERE INVALIDATED, THE PETITION TO VALIDATE CERTIFICATES OF SUBSTITUTION FOR ANOTHER CANDIDATE SHOULD NOT HAVE BEEN GRANTED (SECOND DEPT).
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