Legal Opinion

Joseph v. Danice Stores of Nostrand Avenue, Inc.

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

Decided January 28, 2002PublishedCited by 3 opinions

1Opinion of the Court

In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Kings County (Harkavy, J.), dated September 4, 2001, which denied their motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

There is no duty to remove snow and ice while a storm is in progress. A party in possession or control of real property may be held liable for the failure to remove accumulated snow and ice only after a reasonable time subsequent to the ending of…

2Cases cited3 opinions

  1. Grau v. Taxter Park AssociatesAppellate Division of the Supreme Court of the State of New York · 2001
  2. Marrone v. VeronaAppellate Division of the Supreme Court of the State of New York · 1997
  3. Tillman v. J. DeBenedictis & Sons Building Corp.Appellate Division of the Supreme Court of the State of New York · 1997

3Cited by3 opinions

  1. Myrow v. City of PoughkeepsieAppellate Division of the Supreme Court of the State of New York · 2004
  2. Brandon v. HallivisAppellate Division of the Supreme Court of the State of New York · 2009
  3. Nazario v. ChavezAppellate Division of the Supreme Court of the State of New York · 2003

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