Plaintiff Fails to Slip by Black Ice Case (NY)

In Andrew Cuillo v. Fairfield Property Services, L.P., the Appellate Division affirmed the general rule regarding “black ice” in premises liability cases. When plaintiff testified that he did not see any snow or ice on the ground before the accident even though he looked down, the trial court granted (and the Second Department affirmed) defendant’s summary judgment motion. The Appellate Division reiterated that the property owner has a duty to clear snow and ice only when it created the condition or had actual or constructive notice of the condition. In addition, the Second Department affirmed the trial court’s decision not to consider the affidavits of plaintiff’s experts who had not been previously identified.

Thanks to Allison Weintraub for her contribution to this post.  If you have any questions, please email Paul at pclark@wcmlaw.com.