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Joseph Charchalis Successfully Obtains Summary Judgment

Posted: January 9, 2020

Joseph Charchalis was successful in obtaining summary judgment for a snow removal contractor in Supreme Court, Upstate New York County.  The plaintiff was injured when she fell on “black ice” walking back to her car from inside a mall.  The Court agreed with Joseph’s arguments that the snow removal contractor did not owe the plaintiff a duty of care under Espinal v. Melville Snow Contractors Inc, 98 NY2d 136, 138 [2002] because the condition was not created by the snow removal contractor and the landlord retained the monitoring responsibility for the premises.  The Court also agreed with Joseph that there was a lack of notice and that there was an active storm in progress.