On July 25th, the Appellate Division, Second Department, reversed an order by the Westchester Supreme Court and granted summary judgment for the defendant City of Yonkers in a slip and fall case.
The plaintiff had been injured after slipping on an icy patch on a city roadway. According to precedent and the Charter of the City of Yonkers, the city defendant is entitled to summary judgment if it can show that it had no actual written notice of the hazardous condition, and that this condition was not caused by an act of negligence on the part of the City. The court ruled that because of this, and because the city did not create the hazardous condition, the plaintiff failed to raise a triable issue of fact. Accordingly, the Second Department found that the trial court should have awarded summary judgment to the City.
The decision can be found at 2012 WL 3024007 (N.Y.A.D. 2 Dept.)