Acar v. Ecclesiastical Assistance

NEW YORK COUNTY
Torts

, New York Law Journal

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Justice Louis York

Acar slipped and fell on black ice, and sued to recover damages for personal injuries resulting from the fall. The incident occurred on a public sidewalk abutting the property owned by defendant. Defendant's night supervisor of maintenance, Moran, testified that while a snowstorm was in progress they began snow and ice removal and subsequently salted the sidewalks abutting the property. Moran averred he continued to monitor the property through the night and re-salted the entire area in the morning, finding it completely clear of snow and ice at 7:30 a.m. Acar stated he never saw the ice before he fell, but estimated it was one inch wide and three to four inches long. Acar's expert speculated the ice that caused the accident resulted from freezing and refreezing. The expert alleged that if the ice was sufficiently treated, the ice involved would not have existed. The court found defendant made out a prima facie case finding no negligence on defendant's part, nor any hazardous condition caused by Moran and his crew. It ruled Acar's expert's speculation was bereft of any successful rebuttal of defendant's prima facie showing, and failed to show material issues of fact existed. Thus, defendant was granted summary judgment.

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