Snow Removal Didn't Create Dangerous Condition
LVT Number: 8284
Pedestrian sued landlord for negligence after she slipped and fell in front of landlord's building. Landlord asked the court to dismiss the case. The court ruled for landlord, and pedestrian appealed. She claimed that either landlord didn't exercise reasonable care in shoveling and salting the pathway she fell on or landlord's snow-removal efforts themselves had created a dangerous and unsafe condition. The appeals court again ruled for landlord. Pedestrian didn't prove that landlord's snow-clearing procedures were somehow faulty or not done properly. Landlord wasn't liable for incomplete snow and ice removal; landlord had created no new dangerous condition.
Lee v. Co-op City Riverbay Corp.: NYLJ, p. 21, col. 2 (10/8/93) (App. T. 1 Dept.; Ostrau, PJ, Miller, McCooe, JJ)