Legal Opinion
Stewart v. Sherwil Holding Corp.
Appellate Division of the Supreme Court of the State of New York
Decided April 17, 2012PublishedCited by 4 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 (Schmidt, J.), dated October 18, 2011, which denied their motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
A property owner will be held liable for a slip and fall involving snow and ice on its property only when it created the dangerous condition that caused the accident, or had actual or constructive notice thereof (see Mignogna v 7-Eleven, Inc., 76 AD3d 1054 [2010]; Medina v La Fiura Dev. Corp., 69 AD3d 686 [2010];…
2Cases cited4 opinions
- Crosthwaite v. Acadia Realty TrustAppellate Division of the Supreme Court of the State of New York · 2009
- Medina v. La Fiura Development Corp.Appellate Division of the Supreme Court of the State of New York · 2010
- Sabatino v. 425 Oser Avenue, LLCAppellate Division of the Supreme Court of the State of New York · 2011
- Kaehler-Hendrix v. Johnson Controls, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
3Cited by4 opinions
- Giambruno v. AlbrechetAppellate Division of the Supreme Court of the State of New York · 2021
- Moore v. Great Atlantic & Pacific Tea Co.Appellate Division of the Supreme Court of the State of New York · 2014
- Moore v. Great Atlantic & Pacific Tea Co.Appellate Division of the Supreme Court of the State of New York · 2014
- Schumacher v. PucciarelliAppellate Division of the Supreme Court of the State of New York · 2018