Legal Opinion

Foster v. Herbert Slepoy Corp.

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

Decided June 22, 2010PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Mastro, J.P

The instant appeal presents us with an opportunity to discuss and clarify what a snow removal contractor must show to establish its prima facie entitlement to summary judgment.

The plaintiff allegedly sustained personal injuries when she slipped and fell on snow and ice in the driveway/parking lot area of the cooperative complex where she resides. The complex *212is owned by the defendant North and South Lewis Place Owners Corp. and managed by the defendant Herbert Slepoy Corp. (hereinafter together the owners). Pursuant to a long-standing oral agreement with Herbert…

2Cases cited21 opinions

  1. Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
  2. Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
  3. Espinal v. Melville Snow Contractors, Inc.New York Court of Appeals · 2002
  4. Church v. Callanan Industries, Inc.New York Court of Appeals · 2002
  5. Fung v. Japan Airlines Co.New York Court of Appeals · 2007

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3Cited by1 opinion

  1. Gillespie v. Heartland Scenic Studio, Inc.District Court, S.D. New York · 2021

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