Zabbia v. Westwood, LLC
Cases that cite this one
29 later published cases cite this decision. The 25 that cite it most often are listed here.
- Crosthwaite v. Acadia Realty Trust (Appellate Division of the Supreme Court of New York 2009)
- Folkl v. McCarey Landscaping, Inc. (Appellate Division of the Supreme Court of New York 2009)
- Rudloff v. Woodland Pond Condominium Ass'n (Appellate Division of the Supreme Court of New York 2013)
- Rudloff v. Woodland Pond Condominium Ass'n (Appellate Division of the Supreme Court of New York 2013)
- Smith v. Hariri Realty Associates, Inc. (Appellate Division of the Supreme Court of New York 2013)
- Smith v. Hariri Realty Associates, Inc. (Appellate Division of the Supreme Court of New York 2013)
- Edwards v. Mantis, LLC (Appellate Division of the Supreme Court of New York 2013)
- Spinoccia v. Fairfield Bellmore Avenue, LLC (Appellate Division of the Supreme Court of New York 2012)
- Gushin v. Whispering Hills Condominium I (Appellate Division of the Supreme Court of New York 2012)
- Gushin v. Whispering Hills Condominium I (Appellate Division of the Supreme Court of New York 2012)
- Cantwell v. Fox Hill Community Ass'n (Appellate Division of the Supreme Court of New York 2011)
- De Los Santos v. 4915 Broadway Realty LLC (Appellate Division of the Supreme Court of New York 2009)
- Boone v. 100 Marcus Drive Associates (Appellate Division of the Supreme Court of New York 2009)
- Girardo v. 99-27 Realty, LLC (Appellate Division of the Supreme Court of New York 2009)
- Gershfeld v. Marine Park Funeral Home, Inc. (Appellate Division of the Supreme Court of New York 2009)
- Wheaton v. East End Commons Associates, LLC (Appellate Division of the Supreme Court of New York 2008)
- Kaplan v. DePetro (Appellate Division of the Supreme Court of New York 2008)
- Christal v. Ramapo Cirque Homeowners Associate (Appellate Division of the Supreme Court of New York 2008)
- Georgotas v. Laro Maintenance Corp. (Appellate Division of the Supreme Court of New York 2008)
- Olivieri v. GM Realty Co., LLC (Appellate Division of the Supreme Court of New York 2007)
- Abbattista v. King's Grant Master Ass'n (Appellate Division of the Supreme Court of New York 2007)
- Robinson v. Trade Link America (Appellate Division of the Supreme Court of New York 2007)
- Castro v. Maple Run Condominium Ass'n (Appellate Division of the Supreme Court of New York 2007)
- Joseph v. Pitkin Carpet, Inc. (Appellate Division of the Supreme Court of New York 2007)
- Torosian v. Bigsbee Village Homeowners Ass'n (Appellate Division of the Supreme Court of New York 2007)
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
Ordered that the order is modified, on the law, by (1) deleting the provisions thereof denying those branches of the motion of the defendants third-party plaintiffs W&S Associates and Simon Property Group, Inc., and the separate motions of the defendant Punch Associates, Inc., doing business as Meadowbrook Parking Area Contractors, Inc., and the defendant third-party defendant, Control Building Services, Inc., which were for summary judgment dismissing the complaint insofar as asserted against them and substituting therefor provisions granting those branches of the motions, (2) deleting the provision thereof denying those branches of the motion of the defendant third-party defendant, Control Building Services, Inc., which were for summary judgment dismissing the third-party complaint and all cross claims insofar as asserted against it and substituting therefor a provision granting those branches of the motion, and (3) deleting the provision thereof denying those branches of the motion of the defendant Punch Associates, Inc., doing business as Meadowbrook Parking Area Contractors, Inc., which were for summary judgment dismissing all cross claims insofar as asserted against it, and substituting therefor a provision granting
The plaintiff Rose Marie Zabbia allegedly was injured when she slipped and fell on “black” ice in the parking lot of a shopping mall owned by the defendant third-party plaintiff, W&S Associates, Inc. (hereafter W&S), managed by the defendant third-party plaintiff Simon Property Group, Inc. (hereafter Simon), and maintained by the defendant third-party defendant, Control Building Services, Inc. (hereafter Control). The defendant Punch Associates, Inc., doing business as Meadow-brook Parking Area Contractors, Inc. (hereafter Punch), was the snow removal subcontractor who had plowed the parking lot the day before the accident. Both the injured plaintiff and her husband testified at their examinations before trial that there was no icy condition in the area where the accident occurred when they first arrived at the mall, approximately four hours before the accident.
A defendant will only be held liable in a slip-and-fall accident involving snow and ice when it created a dangerous condition or had actual or constructive notice thereof (see e.g. Voss v D&C Parking, 299 AD2d 346 [2002]). The plaintiffs’ sole theory of liability in this case was that the “black” ice allegedly was created by W&S, Simon, Control, and/or Punch (hereinafter collectively the defendants) as the result of piling snow adjacent to the parking lot and allegedly allowing it to melt and re-freeze. In opposition to the defendants’ prima facie case, however, the plaintiffs tendered no proof, expert or otherwise, as to exactly how or when the icy condition may have formed during the four-hour period between their arrival at the mall and the accident. Thus, their claim that the defendants caused or created the ice patch through incomplete snow removal efforts (see Grillo v Brooklyn Hosp., 280 AD2d 452 [2001]) was based on speculation, which was insufficient to defeat a motion for summary judgment (see McCord v Olympia & York Maiden Lane Co., 8 AD3d 634 [2004]; Ravina v Incorporated Town of Green-burgh, 6 AD3d 688 [2004]; Penny v Pembrook Mgt., 280 AD2d 590 [2001]; Davis v City of New York, 255 AD2d 356 [1998]; Tashbook v Kaplan, 250 AD2d 756 [1998]; Bertman v Board of Mgrs., 233 AD2d 283 [1996]). Accordingly, the Supreme Court erred in denying those branches of the defendants’ respective
Since the complaint should have been dismissed insofar as asserted against the defendants, the claims for contractual and common-law indemnification insofar as asserted against Control and Funch should have been dismissed as well (see Hajdari v 437 Madison Ave. Fee Assoc., 293 AD2d 360 [2002]). Santucci, J.P., Krausman, Luciano and Fisher, JJ., concur.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.