Trial Needed on Sidewalk Slip-and-Fall

Pedestrian slipped and fell on snow and ice on the sidewalk where landlord's building met the corner. Pedestrian claimed that it was dark and cold, but wasn't snowing or raining at the time. She said that there were 18 inches of snow on either side of an 18-inch-wide path shoveled on the sidewalk on the day before the accident. She fell and broke her wrist when she tried to avoid an ice patch by climbing on the piled-up snow. Landlord claimed that there was a storm in progress two hours before the accident and that it had no duty to remove snow or ice within four hours after snowfall ceased. Landlord also claimed that it had no duty to remove the snow between 9 p.m. and 7 a.m. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord. There were many questions of fact that required a trial, including whether the storm-in-progress rule applied, whether landlord created the claimed dangerous condition, or if it was an inherently dangerous natural occurrence.

Fabian v. Mutual Redevelopment Homes: Index No. 110552/10, NYLJ No. 1202558648012 (Sup. Ct. NY; 5/15/12; Kenney, J)