Glover v. Botsford, 109 A.D.3d 1182 (N.Y. App. Div. 2013). · Go Syfert
Glover v. Botsford, 109 A.D.3d 1182 (N.Y. App. Div. 2013). Cases Citing This Book View Copy Cite
35 citation events (35 in the last 25 years) across 6 distinct courts.
Strongest positive: Quinones v. Mariner Hous. Dev. Fund Co., Inc. (nyappdiv, 2022-03-18)
Treatment trajectory · 2014 → 2026 · click a year to view as-of
2014 2020 2026
Top citers, strongest first. 23 distinct citers. How cited ↗
cited Cited as authority (rule) Quinones v. Mariner Hous. Dev. Fund Co., Inc.
N.Y. App. Div. · 2022 · confidence medium
In opposition, plaintiffs failed to raise a triable issue of fact ( see id. at 1166; Glover v Botsford , 109 AD3d 1182, 1183-1184 [4th Dept 2013]).
discussed Cited as authority (rule) Larsen v. Speedway LLC
N.D.N.Y. · 2021 · confidence medium
Any lull in the storm must have been long enough to give Speedway “a reasonable time in which to abate the slippery conditions.” Glover v. Botsford, 971 N.Y.S.2d 771, 772 (Sup. Ct. App. Div. 4th Dep’t 2013).
discussed Cited as authority (rule) Danielak v. State of New York
N.Y. App. Div. · 2020 · confidence medium
Thus, to the extent that claimant contends that defendant was required to apply a de-icing compound to the sidewalk prior to the time the icy condition existed in anticipation of freezing temperatures, we reject that contention ( see generally Glover v Botsford , 109 AD3d 1182, 1184 [4th Dept 2013]; Yen Hsia v City of New York , 295 AD2d 565, 566 [2d Dept 2002]).
discussed Cited as authority (rule) Debra Gries v. Ames Ecumenical Housing, Inc. d/b/a Stonehaven Apts.
Iowa · 2020 · confidence medium
In Rochford, the court of appeals concluded “that the continuing storm doctrine—or ‘storm in progress’ doctrine—‘is not limited to situations where blizzard conditions exist; it also applies in situations where there is some type of less severe, yet still inclement winter weather.’ ” 845 N.W.2d at 718 (quoting Glover v. Botsford, 971 N.Y.S.2d 771, 772 (App. Div. 2013)).
discussed Cited as authority (rule) Hall v. United States
N.D.N.Y. · 2020 · confidence medium
Moreover, “‘it is well settled that the ‘mere failure to remove all snow and ice from a sidewalk . . . does not constitute negligence and does not constitute creation of a hazard,’ and that the failure to salt or sand a sidewalk does not constitute an affirmative act that would constitute an exacerbation of a dangerous condition.” Glover v. Botsford, 109 A.D. 3d 1182, 1184 (4th Dep’t 2013) (citations omitted).
discussed Cited as authority (rule) Govenettio v. Dolgencorp of N.Y., Inc.
N.Y. App. Div. · 2019 · confidence medium
A defendant seeking to avail itself of the storm in progress doctrine meets its prima facie burden by establishing as a matter of law that there was a storm in progress at the time of the accident ( see Alvarado v Wegmans Food Mkts., Inc ., 134 AD3d 1440, 1440 [4th Dept 2015]; Glover v Botsford , 109 AD3d 1182, 1183 [4th Dept 2013]).
discussed Cited as authority (rule) Battaglia v. MDC Concourse Ctr., LLC
N.Y. App. Div. · 2019 · confidence medium
Dist ., 114 AD3d 1211 , 1212 [4th Dept 2014]; Glover v Botsford , 109 AD3d 1182, 1183 [4th Dept 2013]; cf. Schult v Pyramid Walden Co., L.P. , 167 AD3d 1577 , 1577 [4th Dept 2018]; see also Wrobel v Tops Mkts., LLC , 155 AD3d 1591, 1592 [4th Dept 2017]; Walter v United Parcel Serv., Inc. , 56 AD3d 1187 , 1187 [4th Dept 2008]).
discussed Cited as authority (rule) Smith v. United Refining Co. of Pennsylvania
N.Y. App. Div. · 2017 · confidence medium
Where, as here, a defendant has undertaken snow removal efforts during a storm, the relevant inquiry becomes whether the defendant’s efforts either created or exacerbated a hazardous condition (see Glover v Botsford, 109 AD3d 1182, 1184 [2013]).
discussed Cited as authority (rule) Smith v. United Refining Co. of Pennsylvania
N.Y. App. Div. · 2017 · confidence medium
Where, as here, a defendant has undertaken snow removal efforts during a storm, the relevant inquiry becomes whether the defendant’s efforts either created or exacerbated a hazardous condition (see Glover v Botsford, 109 AD3d 1182, 1184 [2013]).
discussed Cited as authority (rule) Brenda J. Alcala v. Marriott International, Inc., Courtyard Management Corporation D/B/A Quad Cities Courtyard by Marriott, Marriott Business Services, and Hptcy Corporation
Iowa Ct. App. · 2015 · confidence medium
In affirming the district court’s grant of summary judgment to the shopping mall, we reasoned: While there is no Iowa case law that addresses how severe or significant the weather event has to be to qualify as a “storm,” other jurisdictions have concluded that the continuing storm doctrine—or “storm in progress” doctrine—“is not limited to situations where blizzard conditions exist; it also applies in situations where there is some type of less severe, yet still inclement winter weather.” Glover v. Botsford, 971 N.Y.S.2d 771, 772 (N.Y.
discussed Cited as authority (rule) WITHERSPOON, MARY v. TOPS MARKETS, LLC
N.Y. App. Div. · 2015 · confidence medium
Defendant met its initial burden by establishing that a storm was in progress at the time of the accident and, thus, that it “had no duty to remove the snow [or] ice until a reasonable time ha[d] elapsed after cessation of the storm” (Glover v Botsford, 109 AD3d 1182, 1183 [2013] [internal quotation marks omitted]; see Gilbert v Tonawanda City School Dist., 124 AD3d 1326 , 1327 [2015]).
discussed Cited as authority (rule) GILBERT, RENEE v. TONAWANDA CITY SCHOOL DISTRICT
N.Y. App. Div. · 2015 · confidence medium
Defendants met their initial burden by establishing that a storm was in progress at the time of the accident and, thus, that they “had no duty to remove the snow and ice until a reasonable time ha[d] elapsed after cessation of the storm” (Glover v Botsford, 109 AD3d 1182, 1183 [internal quotation marks omitted]).
discussed Cited as authority (rule) Gilbert v. Tonawanda City School District
N.Y. App. Div. · 2015 · confidence medium
Defendants met their initial burden by establishing that a storm was in progress at the time of the accident and, thus, that they “had no duty to remove the snow and ice until a reasonable time ha[d] elapsed after cessation of the storm” (Glover v Botsford, 109 AD3d 1182, 1183 [2013] [internal quotation marks omitted]).
discussed Cited as authority (rule) Gilbert v. Tonawanda City School District
N.Y. App. Div. · 2015 · confidence medium
Defendants met their initial burden by establishing that a storm was in progress at the time of the accident and, thus, that they “had no duty to remove the snow and ice until a reasonable time ha[d] elapsed after cessation of the storm” (Glover v Botsford, 109 AD3d 1182, 1183 [2013] [internal quotation marks omitted]).
discussed Cited as authority (rule) Mann v. Wegmans Food Markets, Inc.
N.Y. App. Div. · 2014 · confidence medium
We conclude that defendant met its initial burden by submitting evidence that a storm was in progress at the time of the accident and, thus, that defendant “had no duty to remove the snow and ice ‘until a reasonable time ha[d] elapsed after cessation of the storm’ ” (Glover v Botsford, 109 AD3d 1182, 1183 [2013]).
discussed Cited as authority (rule) Mann v. Wegmans Food Markets, Inc.
N.Y. App. Div. · 2014 · confidence medium
We conclude that defendant met its initial burden by submitting evidence that a storm was in progress at the time of the accident and, thus, that defendant “had no duty to remove the snow and ice ‘until a reasonable time ha[d] elapsed after cessation of the storm’ ” (Glover v Botsford, 109 AD3d 1182, 1183 [2013]).
discussed Cited as authority (rule) Quill v. Churchville-Chili Central School District
N.Y. App. Div. · 2014 · confidence medium
Defendant contended in support of the motion that it had no duty to remove the snow and ice from the parking lot because there was a storm in progress at the time plaintiff fell and, in denying the motion, the court determined that, “[w]hile defendant . . . had no duty to remove snow until the storm had ended, factual issues remain regarding the claimed presence of pre-existing hard-packed snow, and attendant actual or constructive notice to defendant.” We conclude that defendant met its initial burden on the motion by establishing that there was a storm in progress at the time of the acci…
discussed Cited as authority (rule) Quill v. Churchville-Chili Central School District
N.Y. App. Div. · 2014 · confidence medium
Defendant contended in support of the motion that it had no duty to remove the snow and ice from the parking lot because there was a storm in progress at the time plaintiff fell and, in denying the motion, the court determined that, “[w]hile defendant . . . had no duty to remove snow until the storm had ended, factual issues remain regarding the claimed presence of pre-existing hard-packed snow, and attendant actual or constructive notice to defendant.” We conclude that defendant met its initial burden on the motion by establishing that there was a storm in progress at the time of the acci…
discussed Cited as authority (rule) Karen Rochford and Jude Rochford v. G.K. Development, Inc.
Iowa Ct. App. · 2014 · confidence medium
While there is no Iowa case law that addresses how severe or significant the weather event has to be to qualify as a “storm,” other jurisdictions have concluded that the continuing storm doctrine — or “storm in progress” doctrine — “is not limited to situations where blizzard conditions exist; it also applies in situations where there is some type of less severe, yet still inclement winter weather.” Glover v. Botsford, 109 A.D.3d 1182 , 971 N.Y.S.2d 771, 772 (N.Y.App.Div.2013).
discussed Cited "see" Gould v. 93 NYRPT, LLC
N.Y. App. Div. · 2021 · signal: see · confidence high
Defendants submitted the affidavit of an expert meteorologist, which detailed the weather conditions in the area where the slip and fall occurred and thereby established that "a storm was in progress at the time of the [slip and fall] and, thus, that [defendants] had no duty to remove the snow and ice until a reasonable time ha[d] elapsed after cessation of the storm" ( Gilbert v Tonawanda City School Dist. , 124 AD3d 1326 , 1327 [4th Dept 2015] [internal quotation marks omitted]; see Glover v Botsford , 109 AD3d 1182, 1183 [4th Dept 2013]).
discussed Cited "see" HANIFAN, DARYL A. v. COR DEVELOPMENT COMPANY, LLC
N.Y. App. Div. · 2016 · signal: see · confidence high
Finally, to the extent that plaintiff contends that defendants’ snow removal efforts created the hazardous condition because they did not properly care for the area where she fell even though they had treated other areas of the parking lot during the storm, we note that it is well settled that “ ‘[t]he mere failure to remove all snow and ice from a . . . parking lot does not constitute negligence’ and does not constitute creation of a hazard” (Wheeler v Grande’Vie Senior Living Community, 31 AD3d 992, 992-993 [2006]; see Glover v Botsford, 109 AD3d 1182, 1184 [2013]).
discussed Cited "see, e.g." Herrera v. Meadow Hill, Inc.
Conn. App. Ct. · 2023 · signal: see also · confidence low
Even if the plaintiff is correct that the defendants did not salt the precise steps where he fell, he has failed to raise a triable issue of fact as to whether the defendants cre- ated or exacerbated the allegedly dangerous condition by engaging in remediation efforts during the storm. ‘‘The mere failure of a defendant to remove all of the snow and ice, without more, does not establish that the defendant increased the risk of harm.’’ (Internal quotation marks omitted.) Henenlotter v. Union Free School District No. 23, 210 App. Div. 3d 657, 658, 177 N.Y.S.3d 156 (2022); see also Glover …
discussed Cited "see, e.g." Bunn v. Faxton-St. Luke's Healthcare (2×)
N.Y. Sup. Ct., Oneida Cty. · 2022 · signal: see also · confidence low
Stalker v. Crestview Cadillac Corp., 284 A.D.2d 977 (4th Dept., 2001); see also Alvarado v. Wegmans Food Mkts., Inc., 134 A.D.3d 1440 (4th Dept., 2015] and Glover v. Botsford, 109 A.D.3d 1182 (4th Dept. 2013).
Retrieving the full opinion text from the archive…
Carolyn Glover
v.
David M. Botsford, Individually and Doing Business as Alice's Market
Appellate Division of the Supreme Court of the State of New York.
Sep 27, 2013.
109 A.D.3d 1182
Cited by 25 opinions  |  Published

Appeal from an order of the Supreme Court, Monroe County (William P Polito, J), entered June 5, 2012. The order denied the motion of defendant for summary judgment dismissing the complaint.

[*1183] It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion is granted and the complaint is dismissed.

Memorandum: Plaintiff commenced this action seeking damages for injuries she sustained when she slipped and fell on snow or ice on the sidewalk in front of a store owned by defendant and operated by defendant’s wife. Plaintiff alleges in the complaint, as amplified by the bill of particulars, that defendant was negligent because he either created the dangerous condition outside of his store or failed to remedy the condition despite actual or constructive notice of it. Following discovery, defendant moved for summary judgment dismissing the complaint, contending, inter alia, that he had no duty to remove the snow and ice from the sidewalk because there was a storm in progress at the time of the accident. Supreme Court denied the motion, determining that there was an issue of fact whether defendant “properly maintained the dangerous, slippery condition by removing the snow, but not salting or removing the ice, as alleged.” We reverse.

We conclude that the evidence submitted by defendant in support of his motion, including an affidavit from his expert meteorologist and the weather reports upon which that expert relied, established as a matter of law that there was a storm in progress at the time of the accident (see Sheldon v Henderson & Johnson Co., Inc., 75 AD3d 1155, 1156 [2010]) and, thus, that defendant had no duty to remove the snow and ice “until a reasonable time ha[d] elapsed after cessation of the storm” (Brierley v Great Lakes Motor Corp., 41 AD3d 1159, 1160 [2007] [internal quotation marks omitted]). The accident occurred at approximately 8:45 a.m. on December 31, 2008, when plaintiff exited defendant’s store in the City of Rochester. According to defendant’s expert meteorologist, a snowstorm began in the Rochester area late in the evening on December 30, 2008, and continued into the next day. At 4:15 a.m. on December 31, the National Weather Service issued a “winter weather advisory” for the Rochester area and, two hours later, the advisory was upgraded to a “winter storm warning.” More than 11 inches of snow accumulated in Rochester on December 31, which was a record for that date, and most of that snow fell during the early morning hours. Indeed, plaintiff acknowledged during her deposition that it was snowing on the morning in question as she drove to the store, and that testimony was consistent with the testimony of defendant’s wife, among other witnesses.

We further conclude that, in opposition to the motion, plaintiff failed to raise an issue of fact whether there was a storm in[*1184] progress when the accident occurred (see generally Zuckerman v City of New York, 49 NY2d 557, 562 [1980]). In opposition to the motion, plaintiff relied exclusively on an affirmation from her attorney who asserted, based on an inaccurate reading of the weather reports submitted by defendant, that it was not clear whether it had been snowing at the time of the accident. Even assuming, arguendo, that it was not snowing heavily at the time of the accident, we note that the “storm in progress doctrine is not limited to situations where blizzard conditions exist; it also applies in situations where there is some type of less severe, yet still inclement, winter weather” (Camacho v Garcia, 273 AD2d 835, 835 [2000] [internal quotation marks omitted]). Moreover, plaintiff failed to establish that there was a “lull” or a “break” in the storm such that defendant had a reasonable time in which to abate the slippery conditions (see Baia v Allright Parking Buffalo, Inc., 27 AD3d 1153, 1154 [2006]; Camacho, 273 AD2d at 835).

Plaintiff likewise failed to raise an issue of fact whether defendant created the dangerous condition that caused her to slip and fall or whether the snow removal efforts of defendant’s wife exacerbated the dangerous condition created by the storm (see Smilowitz v GCA Serv. Group, Inc., 101 AD3d 1101, 1102 [2012]). Contrary to plaintiff’s contentions, it is well settled that the “mere failure to remove all snow and ice from a sidewalk . . . does not constitute negligence and does not constitute creation of a hazard” (Wheeler v Grande’Vie Senior Living Community, 31 AD3d 992, 992-993 [2006] [internal quotation marks omitted]; see Wohlars v Town of Islip, 71 AD3d 1007, 1009 [2010]; Cardinale v Watervliet Hous. Auth., 302 AD2d 666, 666-667 [2003]), and that the failure to salt or sand a sidewalk does not constitute an affirmative act that would constitute an exacerbation of a dangerous condition (see Ali v Village of Pleasantville, 95 AD3d 796, 797 [2012]; Zima v North Colonie Cent. School Dist., 225 AD2d 993, 994 [1996]). We therefore conclude that the court erred in denying defendant’s motion for summary judgment dismissing the complaint. Present — Smith, J.E, Peradotto, Garni and Lindley, JJ.