Landlord Needn't Shovel While Storm in Progress

November 1, 1993

LVT Number: 8286

Pedestrian sued landlord for damages after falling in landlord's driveway during a snowstorm. The court refused to dismiss the case without a trial, and landlord appealed. The appeals court ruled for landlord and dismissed the case. Landlord wasn't negligent. The accident occurred while the storm was still in progress. Landlord doesn't have to remove snow and ice in front of the building during a storm. Landlord may be responsible for removing snow and ice only when a reasonable time for taking protective measures has passed after the storm has gone by.

Pedestrian sued landlord for damages after falling in landlord's driveway during a snowstorm. The court refused to dismiss the case without a trial, and landlord appealed. The appeals court ruled for landlord and dismissed the case. Landlord wasn't negligent. The accident occurred while the storm was still in progress. Landlord doesn't have to remove snow and ice in front of the building during a storm. Landlord may be responsible for removing snow and ice only when a reasonable time for taking protective measures has passed after the storm has gone by.

Shen v. Gerald J. Neufeld, Inc. 601 NYS2d 637 (9/13/93) (App. Div. 2 Dept.; Mangano, PJ, Rosenblatt, Lawrence, Copertino, Joy, JJ)

Topics

More like this