Legal Opinion
Williams v. Geneva B. Scruggs Community Health Care Center, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided November 13, 1998PublishedCited by 9 opinions
1Opinion of the Court
—Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied defendant’s motion seeking summary judgment dismissing the complaint. Defendant met its initial burden of establishing its entitlement to summary judgment by submitting proof that, at the time Sarvia Williams (plaintiff) fell, there was a snowstorm in progress. It is well settled that a landowner has no duty to remove *983snow and ice during a storm (see, Siegel v Molino, 236 AD2d 879; Cerra v Perk Dev., 197 AD2d 851). Plaintiffs, however, raised a triable issue of fact with respect to that issue (cf., Dunn v 726…
2Cases cited4 opinions
- Cerra v. Perk DevelopmentAppellate Division of the Supreme Court of the State of New York · 1993
- Siegel v. MolinoAppellate Division of the Supreme Court of the State of New York · 1997
- Dunn v. 726 Main & Pine, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
- Andrews v. PorrecaAppellate Division of the Supreme Court of the State of New York · 1996
3Cited by9 opinions
- Schuster v. DukarmAppellate Division of the Supreme Court of the State of New York · 2007
- Santerre v. Golub Corp.Appellate Division of the Supreme Court of the State of New York · 2004
- Boarman v. Siegel, Kelleher & KahnAppellate Division of the Supreme Court of the State of New York · 2007
- Helms v. Regal Cinemas, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
- Swimm v. BrattAppellate Division of the Supreme Court of the State of New York · 2005
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