Questions of Fact Keep Mall Owner and Snow Remover in Slip-and-Fall Accident Lawsuit

Case: Frank v. CPG Partners, L.P.

Court: Supreme Court, Appellate Division, Second Department, New York

Date: June 20, 2012

From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn and Queens; Queens injury attorney)

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SLIP-AND-FALL ACCIDENT IN PARKING LOT: SUMMARY JUDGMENT TO SOME DEFENDANTS

DEFENSE FAILS TO SUPPORT ITS SUMMARY JUDGMENT MOTION IN SNOW AND ICE SLIP-AND-FALL CASE

SUMMARY JUDGMENT DENIED TO DEFENDANT PROPERTY OWNER IN SLIP AND FALL PARKING LOT ACCIDENT

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Facts: This accident victim worked at Woodbury Commons outlet stores, a pretty cool place to shop in upstate New York.

In Feb., 2006, this plaintiff had parked her car and slipped and fell on snow and ice while going to work. She sued the snow removal company and owner of the mall. Defendants were granted summary judgment by the lower court dismissing the complaint.

Held: The owner gave evidence against itself that created fact issues as to whether the defendants created the slippery snow condition that caused the accident. The accident victim also made a showing that the snow removal contractor may have carelessly performed its work to make the condition dangerously slippery.

Summary judgment for the defendants is reversed by the appeals court and summary judgment is denied. Defendants will ride this case to trial.

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