Posted in on January 17, 2020
Joseph Charchalis was successful in obtaining summary judgment for a snow removal contractor in Supreme Court, Westchester 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  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.