Snow and Ice

Plaintiff sought damages for personal injuries allegedly suffered when he slipped and fell on ice in front of defendant’s residence. The night preceding this incident there was an ongoing snow storm. Defendant endeavored to clear and salt the area, but over the course of the night additional snow, wind and plunging temperatures contributed to sidewalk conditions of black ice which plaintiff saw but nevertheless chose to walk across. Our summary judgment motion using the “storm in progress” defense was granted by Supreme Court, Queens County. The court held that plaintiff had failed to establish the source of the ice or that any action on the part of the defendant contributed to or caused the alleged hazardous condition. Plaintiff moved to reargue and filed a Notice of Appeal. The motion to reargue was denied. The Appellate Division, Second Department, affirmed the lower court decision. Subsequently, plaintiff moved to reargue the appeal and to appeal to the New York State Court of Appeals. This motion was also denied with an award of costs to the defendant.