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February 20, 2015

Pardalis & Nohavicka Premises Liability Law Update:

A property owner in the Bronx or Manhattan who removes snow from a sidewalk is not subject to liability simply because they failed to remove ALL of the snow; it is only when the efforts make the sidewalk more dangerous that they are held responsible. In today's case study, the  plaintiff's expert meteorologist speculated that the fall was a result of melting and refreezing of runoff created by property owner's shoveling. But the expert could not refute property owner's maintenance supervisor that, shortly before the fall, he had inspected the subject area and observed that it was free of ice.  Case dismissed.

Acar v Ecclesiastical Assistance Corp. (1st Dep't)
http://www.nycourts.gov/reporter/3dseries/2015/2015_01167.htm

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