Alan Morreale filed suit in Nassau County Supreme Court after he slipped and fell on some "black ice" on William Esposito's property. Although Morreale alleged that the condition arose from a "defective and unnecessary gutter," his case still ended up getting dismissed.
And on appeal, the Appellate Division, Second Department, noted that while property owners are liable for dangerous conditions of which they have "actual or constructive notice," since it had been drizzling prior to, and during, his fall, and because Morreale's claim as to how the condition arose required "impermissible speculation," the dismissal was affirmed.
Was he on thin ice with that?
To view a copy of the Appellate Division's decision, please use this link: Morreale v. Esposito