CG&P has obtained a dismissal, without a trial, of an unusually fact sensitive snow and ice case. Summary judgment is usually difficult to obtain in these types of cases because they are so fact sensitive.
In an action based on premises liability, plaintiff claimed she slipped and fell on a patch of ice as she walked across the promenade in front of the entrance of the stadium of a major New York sports franchise.
Plaintiff commenced an action against that sports franchise and a municipality seeking to recover for injuries she allegedly suffered as a result of the purported accident. CG&P positioned the case for summary judgment by eliciting a detailed description of the accident from the plaintiff over a three day course of deposition testimony. The Court agreed with CG&P’s arguments for summary judgment and found the municipality to be an out-of-possession landlord and that the plaintiff’s testimony corroborated the franchise’s evidence that it engaged in reasonable snow removal. The Court highlighted the plaintiff’s concession at her deposition that the location had been cleared before the accident. The case and summary judgment motion were handled by CG&P Partner, June D. Reiter and Associate Renton D. Persaud.