Summary Dismissal in Slip-and-Fall Parking Lot Accident Denied to Snow Removal Company That Plowed Snow into Pile

Case: Repetto v. Alblan Realty Corp.

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

Date: 7/18/12

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

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RELATED POSTS:

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

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

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

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Facts: The plaintiff slipped and fell on snow and ice in a parking lot in January of 2010. She sued the landlord, a real estate company, and the snow removal company hired by it to plow and clear the parking lot.

While an outside contractor is generally not liable to third persons that don't hire it, an exception is made if that company creates a dangerous condition. This plaintiff claims that the snow removal did this by leaving a snow pile in the parking lot. (Piles of snow can melt and re-freeze.)

Held: The landlord that hired the snow removal company is an out-of-possession landlord that wasn't there. It had no duty to the injured plaintiff and is granted summary judgment dismissal of the case against it.

There is an issue of fact as to whether the snow removal company was negligent. It doesn't get summary judgment and stays in the case, to ride it to trial.

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