Stoller v. Riverbay Corporation

Full title: GILBERT STOLLER et al., Respondents, v. RIVERBAY CORPORATION, Appellant

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Dec 21, 1995

222 A.D.2d 343 (N.Y. App. Div. 1995)

635 N.Y.S.2d 603

Opinion

December 21, 1995

Appeal from the Supreme Court, Bronx County (Barry Salman, J.).

Upon commencement of snow removal operations, defendant was required to exercise reasonable care to avoid creating or increasing any hazards ( see, Glick v City of New York, 139 A.D.2d 402, 403). The record indicates that the snow removal crew cleared the circular driveway near the shopping center, but not the adjacent area covering the parking spaces and the sidewalk. Although plaintiff apparently slipped and fell on a spot that defendant had not attempted to clear, a jury question exists ( Ferguson v City of New York, 201 A.D.2d 422, 424) as to whether defendant's snow removal operations, in effect, unreasonably "invited" plaintiff into an only partially cleared parking area.

Concur — Rosenberger, J.P., Ellerin, Nardelli, Williams and Tom, JJ.