Legal Opinion

Braun v. Weissman

Appellate Division of the Supreme Court of the State of New York

Decided December 8, 2009PublishedCited by 22 opinions

1Opinion of the Court

The injured plaintiff allegedly slipped and fell on ice on a sidewalk abutting the defendants’ property. The injured plaintiff and his wife, suing derivatively, commenced this action against the defendants. The defendants moved for summary judgment dismissing the complaint, contending that they did not create the alleged icy condition by negligently performing snow removal. The Supreme Court granted the motion. We reverse.

An owner of property abutting a public sidewalk is under no duty to pedestrians to “remove ice and snow that naturally accumulates upon the sidewalk unless a statute or…

2Cases cited10 opinions

  1. Bruzzo v. County of NassauAppellate Division of the Supreme Court of the State of New York · 2008
  2. Keese v. Imperial Gardens Associates, LLCAppellate Division of the Supreme Court of the State of New York · 2007
  3. Knee v. Trump Village Construction Corp.Appellate Division of the Supreme Court of the State of New York · 2005
  4. Smith v. County of OrangeAppellate Division of the Supreme Court of the State of New York · 2008
  5. Ricca v. AhmadAppellate Division of the Supreme Court of the State of New York · 2007

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3Cited by22 opinions

  1. Palka v. Village of OssiningAppellate Division of the Supreme Court of the State of New York · 2014
  2. David v. Chong Sun LeeAppellate Division of the Supreme Court of the State of New York · 2013
  3. Morris v. Home Depot USAAppellate Division of the Supreme Court of the State of New York · 2017
  4. Rong Wen Wu v. ArniotesAppellate Division of the Supreme Court of the State of New York · 2017
  5. Viera v. RymdzionekAppellate Division of the Supreme Court of the State of New York · 2013

17 more not listed; retrieve them via the Exa API.

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