WARREN v. PARTNERSHIP PROPERTIES INC (2005)

Supreme Court, Appellate Division, Fourth Department, New York.

Arthur I. WARREN, Sr. and Rosalie Warren, Plaintiffs-Respondents, v. PARTNERSHIP PROPERTIES, INC. and Franklin Square Housing Association, Defendants-Appellants.

Decided: September 30, 2005

PRESENT: PIGOTT, JR., P.J., GREEN, KEHOE, AND MARTOCHE, JJ.

Fix Spindelman Brovitz & Goldman, P.C., Syracuse (Sandra J. Sabourin of Counsel), for Defendants-Appellants. Mackenzie Hughes LLP, Syracuse (H. Dana Van Hee of Counsel), for Plaintiffs-Respondents.

Plaintiffs commenced this action to recover damages for injuries sustained by Arthur I. Warren, Sr. (plaintiff) when he slipped and fell on the sidewalk outside the housing complex where plaintiffs reside. Supreme Court erred in denying defendants' motion for summary judgment dismissing the complaint. Defendants met their initial burden by establishing that plaintiff slipped and fell as the result of an ongoing ice storm, and plaintiffs failed to raise a triable issue of fact “whether the ice upon which [plaintiff] slipped was present for a sufficient period of time prior to the storm such that defendants could be found to have had actual or constructive notice thereof” (Cohen v. A.R. Fuel, 290 A.D.2d 640, 642, 736 N.Y.S.2d 143; see Campagnano v. Highgate Manor of Rensselaer, 299 A.D.2d 714, 715-716, 749 N.Y.S.2d 595).

It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is granted and the complaint is dismissed.

MEMORANDUM:

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