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SNOW AND ICE ON FRONT STEPS WAS AN OPEN AND OBVIOUS CONDITION, NO DUTY TO WARN (SECOND DEPT).

The Second Department determined defendant homeowners’ motion for summary judgment in this slip and fall case was properly granted. Plaintiff slipped and fell on ice and snow which was on defendants’ front steps. The defendants demonstrated the storm in progress rule applied and the condition was open and obvious:

… [T]he defendants established their prima facie entitlement to judgment as a matter of law by submitting evidence, including climatological data, demonstrating that they did not have a reasonable opportunity to remedy the condition under the storm in progress rule … . Similarly, the defendants did not have a duty to warn the plaintiff of the open and obvious condition on the front step … . De Chica v Saldana, 2017 NY Slip Op 06251, Second Dept 8-23-17

NEGLIGENCE (SLIP AND FALL, SNOW AND ICE ON FRONT STEPS WAS AN OPEN AND OBVIOUS CONDITION, NO DUTY TO WARN (SECOND DEPT))/SLIP AND FALL (SNOW AND ICE ON FRONT STEPS WAS AN OPEN AND OBVIOUS CONDITION, NO DUTY TO WARN (SECOND DEPT))/OPEN AND OBVIOUS (SLIP AND FALL, SNOW AND ICE ON FRONT STEPS WAS AN OPEN AND OBVIOUS CONDITION, NO DUTY TO WARN (SECOND DEPT))/WARN, DUTY TO (SLIP AND FALL, SNOW AND ICE ON FRONT STEPS WAS AN OPEN AND OBVIOUS CONDITION, NO DUTY TO WARN (SECOND DEPT))

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