DeSantis v. United States Postal Service
DeSantis v. United States Postal Service
Opinion of the Court
MEMORANDUM DECISION AND ORDER
BACKGROUND
The United States Post Office (“the Post Office”) was located at 126 Broadway (State Route 4) in the business district of the Village of Fort Edward, New York (“the Village”). Approximately 10 inches of snow had fallen on April 9, 2000, and, although not legally obliged to do so
As a result of the injury, plaintiff brought this negligence action under the Federal Tort Claims Act, 28 U.S.C.
DISCUSSION
Rule 56 of the Federal Rules of Civil Procedure permits summary judgment where the evidence demonstrates that “there is no genuine issue of any material fact and the moving party is entitled to judgment as a matter of law.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247, 106 S.Ct. 2505, 2509, 91 L.Ed.2d 202 (1986). More than a “disfavored shortcut,” summary judgment is an important procedure regarded as an integral part of the Federal Rules as a whole, which are designed to “secure the just, speedy and inexpensive determination of every action.” Celotex Corp. v. Catrett, 477 U.S. 317, 327, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986)(quot-ing Federal Rule of Civil Procedure 1). In determining whether there is a genuine issue of material fact, a court must resolve all ambiguities and draw inferences against the moving party. United States v. Diebold, 369 U.S. 654, 655, 82 S.Ct. 993, 994, 8 L.Ed.2d 176 (1962)(per curiam). “[Tjhe non-movant cannot escape summary judgment by merely vaguely asserting the existence of some unspecified disputed facts, or defeat the motion through mere speculation or conjecture.” Western World Insurance Company v. Stack Oil, Inc., 922 F.2d 118, 121 (2d Cir. 1990). An issue of credibility is insufficient to preclude the granting of summary judgment. Neither side can rely on conclusory allegations or statements in affidavits. The disputed issue of fact must be supported by evidence that would allow a “rational trier of fact to find for the non-moving party.” Matsushita Electric Industries Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 1356, 89 L.Ed.2d 538 (1986). Unsupported allegations will not suffice to create a triable issue of fact. Goenaga v. March of Dimes Birth Defects Foundation, 51 F.3d 14, 18 (2d Cir. 1995). “Supposition does not create a genuine issue of material fact, instead it creates a false issue, the demolition of which is the primary goal of summary judgment.” Hedberg v. Indiana Bell Telephone Company, Inc., 47 F.3d 928, 929 (7th Cir. 1995). Nor will factual disputes that are irrelevant to the disposition of the suit under governing law preclude any entry of summary judgment. Anderson, 477 U.S. at 247, 106 S.Ct. at 2509.
When a municipality, though under no obligation or duty to do so, plows a path through fallen snow that has accumulated on its sidewalks, it must use reasonable care in so doing or be held liable in negligence if the removal creates a hazard or dangerous condition or increases an existing danger. Glick v. City of New York, 139 A.D.2d 402, 526 N.Y.S.2d 464, 465 (1st Dept. 1988). Removing snow and ice does not subject the Village to liability simply because the removal is incomplete or because it exposes a dangerous condition that it did not create. Bonfrisco v. Marlib Corp., 24 N.Y.2d 817, 300 N.Y.S.2d 593, 248 N.E.2d 448 (1959)(per curiam).
Dan Gosline, an employee of the Village, plowed the sidewalk in front of the Post Office on the day in question. In his affidavit concerning the plowing which is included in defendant Village’s motion papers, he states at 7. “The 4-foot swath that I cleared on the sidewalk in front to the United States Post Office on Broadway in the Village was clear of snow and ice when I finished [plowing].” (Ex. K p. 1 ¶ 7). Defendant Village’s Statement of Material Facts at 16, states “The 4-foot swath that Mr. Gosline cleared on the sidewalk in front of the United States Post Office on Broadway in the Village of Fort Edward was clear of snow and ice when he finished.” Neither plaintiff nor the government defendants controverted this statement concerning the condition of the sidewalk after it had been plowed by the Village. When a party has moved for summary judgment on the basis of asserted facts supported as required by Fed. R.Civ.P. 56(e) and has, in accordance with local court rules, served a concise statement of the material facts as to which it contends there exists no genuine issue of fact to be tried, those facts will be deemed admitted unless properly controverted by the non-moving party. Dusanenko v. Maloney, 726 F.2d 82, 84 (2d Cir. 1984).
The court, thus, adopts defendant Village’s material facts as admitted by plaintiff that the plowed sidewalk was free of ice and snow after the Village plowed it. The court now considers the moving party’s second burden, establishing that, in light of the undisputed facts, it is entitled to summary judgment. Upon review of the defendant Village’s motion, supporting evidence, and the applicable law, the court concludes that no genuine issue of fact exists and that, pursuant to Fed.R.Civ.P. 56(c), the Village is entitled to summary judgment as a matter of law.
Accordingly, defendant Village of Fort Edward’s summary judgement motion is GRANTED, and the complaint is dismissed as against this defendant.
IT IS SO ORDERED.
. § 74-10 A. of the Fort Edward Code provides in pertinent part: "The owner of every lot of land situated in the village shall keep the sidewalks adjoining said property clear of ice and snow.”
Reference
- Full Case Name
- Catherine DeSANTIS v. UNITED STATES POSTAL SERVICE the Village of Fort Edward and the United States of America
- Status
- Published