Cerra v. Perk Development
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order unanimously reversed on the law without costs, motion granted and complaint dismissed. Memorandum: Plaintiffs commenced this action to recover for personal injuries sustained by plaintiff wife as a result of a slip and fall on a snow-covered walk on the premises of defendant’s restaurant. Defendant appeals from an order denying its motion for summary judgment dismissing the complaint.
The proof is uncontroverted that a snowstorm was in progress at the time of plaintiff’s fall, and thus there can be no recovery against defendant. A landowner is not responsible for a failure to remove…
2Cases cited7 opinions
- Valentine v. City of New YorkNew York Court of Appeals · 1982
- Valentine v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1982
- Newsome v. CservakAppellate Division of the Supreme Court of the State of New York · 1987
- Drake v. Prudential InsuranceAppellate Division of the Supreme Court of the State of New York · 1989
- Falina v. Hollis Diner, Inc.Appellate Division of the Supreme Court of the State of New York · 1952
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3Cited by20 opinions
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- Jensen v. RoohanAppellate Division of the Supreme Court of the State of New York · 1996
- Brierley v. Great Lakes Motor Corp.Appellate Division of the Supreme Court of the State of New York · 2007
- Camacho v. GarciaAppellate Division of the Supreme Court of the State of New York · 2000
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