Kamara v. Markham Gardens

NEW YORK COUNTY
Torts

New York Law Journal

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Justice Cynthia Kern

Resident Kamara sued to recover damages for personal injuries he allegedly sustained when he slipped and fell on snow and ice on the walkway in front of his apartment. Defendants moved to dismiss. The court found defendants established their prima facie entitlement to summary judgment ruling they did not cause the condition. the court stated Kamara failed to raise an issue of fact if defendants caused the condition, finding his contention that defendants caused it because they did not place salt on the walkway. The court noted the only evidence Kamara presented to support such assertion was that neither he nor any one assisting him after the fall saw salt on the walkway. A maintenance technician affirmed he inspected the location of Kamara's fall noting the salt defendants applied earlier in the day was washed away by water from melting snow off the building's roof. Also, the court found defendants established they did not have actual or constructive notice of the condition, noting Kamara failed to show he complained to anyone about the snow or ice before his accident. Hence, defendants were granted summary judgment.

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