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Although Defendant Was Not Responsible for the Pedestrian Ramp, There Was a Question of Fact Whether Defendant’s Snow Removal (from the Ramp) Created the Dangerous Condition

The Second Department determined a question of fact had been raised about whether defendant is liable for a slip and fall on a pedestrian ramp.  Although, by virtue of a city regulation, defendant was not responsible for the ramp, there was a question whether defendant’s snow-removal created the dangerous condition (black ice):

…[T]he defendant established, prima facie, that the area in which the plaintiff alleged that she slipped and fell was part of a pedestrian ramp, for which it was not responsible (see Administrative Code of City of NY § 7-210). However, 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 … . Here, the defendant failed to eliminate all triable issues of fact as to whether the black ice condition upon which the plaintiff allegedly slipped and fell was created by its snow removal efforts … . Herskovic v 515 Ave I Tenants Corp, 2015 NY Slip Op 00334, 2nd Dept 1-14-15

 

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