In Giambruno v. Albrechet (Index No. 601245/18, recently decided on March 3, 2021), the Appellate Division, Second Department denied a defendants/homeowners' motion for summary judgment, holding, among other things, that they failed to demonstrate that no issues of fact existed regarding the issue of notice of an allegedly icy/dangerous condition. The case arose due to an incident on February 18, 2015, in which the plaintiff - a letter carrier employed by the United States Postal Service - when delivering mail to the defendants/homeowners, was caused to slip, fall, and sustain injuries due to snow and/or ice on their ground. He thereafter commenced a lawsuit against the homeowners, which included claims that defendants had actual and constructive notice of the snow and/or icy condition. The defendants eventually filed a motion for summary judgment (which sought dismissal of the case), and the lower court denied it.
On appeal, the Appellate Division affirmed the lower court's ruling, holding as follows: "The evidence...demonstrated that it had snowed the day prior to the plaintiff's accident, and that the plaintiff observed snow on the ground immediately before he fell. The defendants also submitted affidavits in which they attested that they did not shovel or disturb any snow or ice which may have been on their driveway. Moreover, the defendants were not relieved of their 'duty to keep their property in a reasonably safe condition' even though they were away on vacation at the time of the plaintiff's accident...and they did not submit evidence demonstrating that they arranged for the inspection and maintenance of their property while they were away. Accordingly, the Supreme Court properly denied the defendants' motion for summary judgment dismissing the complaint."
Salvatore R. Marino, Esq.
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