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GRONINGER v. VILLAGE

No. 85.

17 N.Y.3d 125 (2011)

2011 NY Slip Op 4544

950 N.E.2d 908

927 N.Y.S.2d 304

MARGARET GRONINGER, Appellant, v. VILLAGE OF MAMARONECK, Respondent.

Court of Appeals of New York.

Decided June 2, 2011.

Attorney(s) appearing for the Case

Arnold E. DiJoseph, P.C., New York City ( Arnold E. DiJoseph, III , of counsel), and Michael A. Barnett , for appellant.

Morris Duffy Alonso & Faley, New York City ( Anna J. Ervolina and Kenneth E. Pitcoff of counsel), for respondent.

Judges GRAFFEO, READ and SMITH concur with Judge PIGOTT; Chief Judge LIPPMAN dissents in a separate opinion in which Judges CIPARICK and JONES concur.

OPINION OF THE COURT

PIGOTT, J.

Plaintiff commenced this personal injury action against the Village of Mamaroneck after she slipped and fell on ice in a parking lot owned and maintained by the Village. The Village moved for summary judgment dismissing the complaint, asserting that it had neither received prior written notice of the defect (see CPLR 9804; Village Law § 6-628) nor created the icy...

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