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FOSTER v. HERBERT SLEPOY

2009-01434

76 A.D.3d 210 (2010)

905 N.Y.S.2d 226

PAULA FOSTER, Respondent, v. HERBERT SLEPOY CORP. et al., Respondents, and KERRY CLANCY, Appellant.

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

Decided June 22, 2010.

Attorney(s) appearing for the Case

Gorton & Gorton LLP, Mineola ( Thomas P. Gorton of counsel), for appellant.

Sullivan Papain Block McGrath & Cannavo P.C., New York City ( Stephen C. Glasser of counsel), for Paula Foster, respondent.

Fumuso, Kelly, DeVerna, Snyder, Swart & Farrell, LLP, Hauppauge ( Scott G. Christesen of counsel), for Herbert Slepoy Corp. and others, respondents.

FISHER, BELEN and AUSTIN, JJ., concur.

OPINION OF THE COURT

MASTRO, J.P.

The instant appeal presents us with an opportunity to discuss and clarify what a snow removal contractor must show to establish its prima facie entitlement to summary judgment.

The plaintiff allegedly sustained personal injuries when she slipped and fell on snow and ice in the driveway/parking lot area of the cooperative complex where she resides. The complex is owned by...

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