Rae Robinson slipped and fell on a patch of " black ice " that covered the driveway of Trade Link America's property.
In a personal injury lawsuit later filed in the Queens County Supreme Court, Robinson sought to recover damages for injuries incurred while traversing the property. When the owner moved for summary judgment (seeking a dismissal of the case on the merits premised upon the documentary evidence submitted to the court), the Supreme Court granted the request. On appeal, the Appellate Division, Second Department, affirmed.
Since Robinson was unable to establish that the property's owner had "actual or constructive" notice of the condition, liability could not attach. (It was particularly telling that Robinson had not detected the ice when he safely crossed that same area only moments prior to the incident.)
A total meltdown!
For a copy of the Appellate Division's decision, please use this link: Robinson v. Trade Link America