Legal Opinion
Daley v. Janel Tower L.P.
Appellate Division of the Supreme Court of the State of New York
Decided November 1, 2011PublishedCited by 9 opinions
1Opinion of the Court
*409Defendants established their prima facie entitlement to judgment as a matter of law. Plaintiff alleges that she was injured when she fell on black ice in defendants’ parking lot, next to an area where defendants’ contractor piled snow after a snowfall. However, the climatological reports showed that it last snowed more than one week prior to plaintiffs fall and that during the three-day period prior to plaintiffs fall, temperatures remained well above freezing. Accordingly, the purported icy condition, consisting of a two-by-two-foot square, would not have formed under those circumstances…
2Cases cited4 opinions
- San Marco v. Village/Town of Mount KiscoNew York Court of Appeals · 2010
- Smith v. Costco Wholesale Corp.Appellate Division of the Supreme Court of the State of New York · 2008
- Perez v. CanaleAppellate Division of the Supreme Court of the State of New York · 2008
- Perez v. MekulovicAppellate Division of the Supreme Court of the State of New York · 2004
3Cited by9 opinions
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- Marcano v. 100-120 Hugh Grant Circle Realty, LLCAppellate Division of the Supreme Court of the State of New York · 2021
- Sikora v. Earth Leasing Property Ltd. Liability Co.Appellate Division of the Supreme Court of the State of New York · 2015
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