Irene Grinnell sued Phil Rose Apartments after slipping and falling on her building's icey porch.
Because it found a storm was in progress at the time of her fall, the Warren County Supreme Court dismissed the case.
On appeal, the Appellate Division, Third Department, reiterated that property owners have a "reasonable period of time" after the start of a storm to take appropriate action to address associated perils.
Although Grinnell claimed the heaviest snowfall occurred three days before her fall, the AD3 thought the meteorologist report submitted by Phil Rose Apartments showed subsequent weather triggered slippery conditions and ice.
Since the burden shifted to Grinnell to show that pre-existing ice actually caused her injury, and she was unable to provide evidence of the porch's condition prior to her fall, the AD3 affirmed the outcome.
Grinnell got grounded.
For a copy of the Appellate Division's decision, please use this link: Grinnell v. Phil Rose Apartments, LLC