Stoller v. Riverbay Corp.
Cases that cite this one
2 later published cases cite this decision.
- Lynch v. City of New York (Appellate Division of the Supreme Court of New York 2003)
- Haggerty v. Mangano (Appellate Division of the Supreme Court of New York 1999)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
—Order, Supreme Court, Bronx County (Barry Salman, J.), entered March 13, 1995, which denied defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Upon commencement of snow removal operations, defendant was required to exercise reasonable care to avoid creating or increasing any hazards (see, Glick v City of New York, 139 AD2d 402, 403). The record indicates that the snow removal crew cleared the circular driveway near the shopping center, but not the adjacent area covering the parking spaces and the sidewalk. Although plaintiff apparently slipped and fell on a spot that defendant had not attempted to clear, a jury question exists (Ferguson v City of New York, 201 AD2d 422, 424) as to whether defendant’s snow removal operations, in effect, unreasonably "invited” plaintiff into an only partially cleared parking area. Concur — Rosenberger, J. P., Ellerin, Nardelli, Williams and Tom, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.