Riozzi v. 30 Kingston Realty Corp., 112 A.D.3d 1033 (N.Y. App. Div. 2013). · Go Syfert
Riozzi v. 30 Kingston Realty Corp., 112 A.D.3d 1033 (N.Y. App. Div. 2013). Cases Citing This Book View Copy Cite
9 citation events (9 in the last 25 years) across 1 distinct court.
Strongest positive: Weichsel v. State of New York (nyappdiv, 2024-10-31)
Top citers, strongest first. 6 distinct citers. How cited ↗
discussed Cited as authority (rule) Weichsel v. State of New York
N.Y. App. Div. · 2024 · confidence medium
Defendants again did not meet their burden, as their own proof failed to eliminate all triable issues of fact as to maintenance and constructive notice ( see Sodhi v Dollar Tree Stores, Inc. , 175 AD3d 914 , 916 [4th Dept 2019]; Hurley v City of Glens Falls , 160 AD3d 1188 , 1189 [3d Dept 2018]; Riozzi v 30 Kingston Realty Corp. , 112 AD3d 1033, 1034 [3d Dept 2013]; Califano v Dubonnet Hair Stylists , 96 AD3d 1290, 1291-1292 [3d Dept 2012]; compare Zimmer v County of Suffolk , 190 AD3d 898, 899 [2d Dept 2021]; Kulchinsky v Consumers Warehouse Ctr., Inc. , 134 AD3d 1068, 1069 [2d Dept 2015]; Ra…
discussed Cited as authority (rule) York v. Thompson Sta. Inc. (2×)
N.Y. App. Div. · 2019 · confidence medium
It is well settled that "[a] defendant seeking summary judgment in a slip and fall action must demonstrate that it maintained its property in a reasonably safe condition and that it did not create the alleged dangerous condition giving rise to the plaintiff's injuries or have actual or constructive notice of such condition" ( Hurley v City of Glens Falls , 160 AD3d 1188 , 1188 [2018] see Riozzi v 30 Kingston Realty Corp. , 112 AD3d 1033, 1033-1034 [2013]; Tate v Golub Props., Inc. , 103 AD3d 1080 , 1081 [2013]; Richardson v Rotterdam Sq.
discussed Cited as authority (rule) Hurley v. City of Glens Falls
N.Y. App. Div. · 2018 · confidence medium
A defendant seeking summary judgment in a slip and fall action must demonstrate that it maintained its property in a reasonably safe condition and that it did not create the alleged dangerous condition giving rise to the plaintiff's injuries or have actual or constructive notice of such condition ( see Riozzi v 30 Kingston Realty Corp. , 112 AD3d 1033, 1033 [2013]; Carpenter v J.
discussed Cited "see" Beck v. Stewart's Shops Corp.
N.Y. App. Div. · 2017 · signal: accord · confidence high
Constructive notice is established where the condition is “visible and apparent and [has] existed for a sufficient period of time prior to the accident to permit [a] defendant [ ] to discover it and take corrective action” (Tate v Golub Props., Inc., 103 AD3d 1080 , 1081 [2013] [internal quotation marks and citation omitted]; accord Riozzi v 30 Kingston Realty Corp., 112 AD3d 1033, 1034 [2013]).
discussed Cited "see" Calvitti v. 40 Garden, LLC
N.Y. App. Div. · 2017 · signal: see · confidence high
Constructive knowledge requires a showing “that the condition was visible and apparent and existed for a sufficient period of time prior to the accident to permit defendants [or third-party defendants] to discover it and take corrective action, and a general awareness that snow or ice might accumulate is insufficient” (id. at 1315 [internal quotation marks and citation omitted]; see Riozzi v 30 Kingston Realty Corp., 112 AD3d 1033, 1033 [2013]).
discussed Cited "see" Elsawi v. Saratoga Springs City School District
N.Y. App. Div. · 2016 · signal: accord · confidence high
Defendant now appeals. *922 Plaintiffs do not dispute that defendant met its initial burden of demonstrating that it “maintained the [riser] in a reasonably safe condition and neither created nor had actual or constructive notice of the allegedly dangerous condition” (McGrath v George Weston Bakeries, Inc., 117 AD3d 1303, 1304 [2014]; accord Riozzi v 30 Kingston Realty Corp., 112 AD3d 1033, 1033 [2013]).
Retrieving the full opinion text from the archive…
Toni Anne Riozzi
v.
30 Kingston Realty Corporation
Appellate Division of the Supreme Court of the State of New York.
Dec 5, 2013.
112 A.D.3d 1033
Garry.
Cited by 6 opinions  |  Published
Garry, J.

Appeal from an order of the Supreme Court (Melkonian, J.), entered December 3, 2013 in Ulster County, which denied defendant’s motion for summary judgment dismissing the complaint.

Defendant is the owner of a professional building and parking lot located in the City of Kingston, Ulster County. On Monday, March 12, 2007 at 7:30 a.m., plaintiff allegedly sustained personal injuries as a result of slipping and falling on black ice in defendant’s parking lot as she was attempting to reach her workplace. Plaintiff commenced this action seeking damages for defendant’s alleged negligence in maintaining the lot. Following discovery, defendant moved for summary judgment dismissing the complaint. Supreme Court denied the motion, and defendant appeals.

“[T]o prevail on its motion for summary judgment, defendant was required to establish that it maintained the premises in a reasonably safe condition and neither created nor had actual or constructive notice of the allegedly dangerous condition” (Tate v Golub Props., Inc., 103 AD3d 1080, 1081 [2013] [internal[*1034] quotation marks and citations omitted]; see Torosian v Bigsbee Vil. Homeowners Assn., 46 AD3d 1314, 1315 [2007]). Here, actual notice is not at issue; to demonstrate a lack of constructive notice, defendant was required to show “that the condition was [not] visible and apparent and [had not] existed for a sufficient period of time prior to the accident to permit defendant ] to discover it and take corrective action” (Tate v Golub Props., Inc., 103 AD3d at 1081 [internal quotation marks and citation omitted]). The subject parking lot is open 24 hours a day, and tenants are permitted to make use of it at any time. In his deposition testimony, defendant’s superintendent stated that he inspected the parking lot for dangerous conditions on weekdays at 8:00 a.m. and again at 4:00 p.m. He also monitored the weather overnight and during weekends to determine if there was an impending storm, freezing temperatures, or precipitation that would likely create dangerous conditions requiring him to remove snow or ice earlier than his routine inspections. Meteorological data submitted by defendant’s expert revealed that, although minimal precipitation had fallen during the preceding weekend, the temperature had fluctuated from between 28 to 51 degrees Fahrenheit during the 24-hour period immediately prior to plaintiff’s fall, and that the icy conditions had been present for at least 6V2 to 8V2 hours. Considering this evidence in the light most favorable to plaintiff, we agree with Supreme Court that defendant failed to meet its initial burden of establishing that it is entitled to summary judgment (see Tate v Golub Props., Inc., 103 AD3d at 1081-1082; Managault v Rensselaer Polytechnic Inst., 62 AD3d 1196, 1198 [2009]; see also Uhlinger v Gloversville Enlarged School Dist., 19 AD3d 780, 781 [2005]).

We further find that there are factual issues posed as to whether defendant’s snow removal procedures created the dangerous condition. Defendant had hired an outside contractor to plow the snow into piles. Plaintiff alleges that some of the piles were located on the parking lot’s perimeter, as well as between her parking spot and the sidewalk adjacent to the building. There is a slight grade extending from these areas, encompassing the area of her fall. Thus, there are factual issues as to whether the snow removal techniques caused the dangerous icy condition when the snow piles melted in the warm weekend weather and then refroze in the night before plaintiff’s accident (see Wood v Schenectady Mun. Hous. Auth., 77 AD3d 1273, 1274 [2010]; Torosian v Bigsbee Vil. Homeowners Assn., 46 AD3d at 1316; see also San Marco v Village/Town of Mount Kisco, 16 NY3d 111, 117-119 [2010]; Urban v City of Albany, 90 AD3d 1132, 1134 [2011], lv dismissed 18 NY3d 921 [2012]).[*1035] Rose, J.E, Lahtinen and Egan Jr., JJ., concur. Ordered that the order is affirmed, with costs.