LOTENBERG v. LONG ISLAND RAILROAD


34 A.D.3d 435 (2006)

824 N.Y.S.2d 144

GARY LOTENBERG, Appellant, et al., Plaintiff, v. LONG ISLAND RAILROAD, Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided November 8, 2006.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the defendant's motion which was for summary judgment dismissing the complaint insofar as asserted by the appellant is denied.

A property owner will not be held liable for accidents occurring as a result of the accumulation of snow or ice on its premises until an adequate period of time has passed following the cessation of the storm to allow the owner an opportunity...

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