The firm’s New Jersey office successfully obtained a dismissal in our client’s favor in Queens County, New York. This action stemmed from personal injuries allegedly sustained by Plaintiff when she fell in a parking lot. Plaintiff asserted that her fall was due to snow and ice in the parking lot.
Partner Richard Wedinger argued that our client, as an owner or lessee of property is under no duty to pedestrians to remove snow and ice that naturally accumulates upon the public sidewalk in front of his premises unless a statute or ordinance specifically imposes tort liability for failing to do so. He further argued that a failure to remove all of the snow is not negligence and the our client cannot be held liable unless Plaintiff can show that our client made the sidewalk more hazardous through his removal efforts. Mr. Wedinger additionally submitted proof that there was snow on the date of Plaintiff’s accident and that the precipitation continued for hours after plaintiff’s fall. Thus, our client did not have a sufficient amount of of time to remedy any hazardous condition results from the accumulation of snow and ice.
The court held that the Plaintiff failed to provide evidence in opposition sufficient to raise a triable issue of fact and dismissed the complaint against our client in its entirety.