Monaco, Angrisano Obtain Dismissal of Premises Liability Action
By: Carter Conboy
Whittam v. Defendant Retail Supermarket Chain; Defendant Property Owner; Defendant Property Management Company; Defendant Landscaping Company
State of New York, Ulster County Supreme Court
Defendant Retail Supermarket Chain; Defendant Property Owner; Defendant Property Management Company
Summary Judgment in Favor of Defendants; Case Dismissed
The plaintiff sued for personal injury due to an alleged dangerous condition in the defendants’ parking lot. Specifically, the plaintiff claimed she slipped and fell on ice while traversing the parking lot from her car to the entrance of the supermarket. The alleged fall was unwitnessed. An immediate inspection of the area by a member of supermarket management found a moist surface absent of ice or standing water.
After discovery and depositions concluded, the defense filed a Motion for Summary Judgment seeking dismissal of the Complaint as the defendants did not create nor have actual or constructive notice of the alleged dangerous condition. The Court agreed, granted the defendants’ Motion and dismissed plaintiff’s Complaint.
The plaintiff filed a Notice of Appeal to the Appellate Division, Third Judicial Department, claiming the lower Court erred in granting Summary Judgment to the defendants due to the existence of material issues of fact. The defense filed a Motion to Dismiss the appeal on the grounds the plaintiff/appellant failed to timely perfect the appeal. The appellate court granted defendants’ Motion due to plaintiff/appellant’s failure to prosecute.