In Egan v. Consolidated Edison and New York Yankee Partnership, the
plaintiff sustained personal injuries when she slipped and fell on snow and ice
that was on the edge of a transformer vault where Con Edison was working. In New
York, it is well established that snow and ice removal is the responsibility of
the abutting landowner. As such, the Supreme Court, Bronx County denied the
Yankees’ motion for summary judgment, holding that there was a question of fact
as to whether the Yankees’ snow removal efforts created the condition or
exacerbated it. On Appeal the Appellate Division, First Department reversed the
lower court’s decision and held that because Con Edison owned the vault, Con
Edison and not the Yankees was responsible for maintaining it.
Ed Lomena for his contribution to this post.