Landlord Not Responsible for Slip and Fall

A pedestrian sued landlord for negligence after she slipped and fell on accumulated snow and ice on a cracked and uneven portion of the sidewalk in front of landlord's building. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord. The pedestrian appealed and lost. She fell while a storm was in progress. Weather records for that day showed that 2.8 inches of snow fell. Even if the pedestrian was correct in claiming that the snowfall had stopped 30 to 45 minutes before the accident, this short time lapse was insufficient to place liability on landlord for failing to remove snow after the storm. The cracked condition of the sidewalk also was too minor to support the pedestrian's claim.

Krinsky v. Fortunato: NYLJ, 3/3/11, p. 26, col. 4 (App. Div. 1 Dept.; Gonzalez, PJ, Tom, Andrias, Renwick, Abdus-Salaam, JJ)