In Aurilia v. Empire Realty Assoc. , Jennifer Aurilia was injured on an icy ramp at a shopping center owned by Empire Realty Associates.
Although snow had fallen about a week before the accident, days after that accumulation there were temperature fluctuations which Aurilia claimed created an ice condition which triggered her fall.
After the Richmond County Supreme Court granted Empire's dismissal request, Aurilia appealed.
Since Empire neither created nor had notice of the ice condition, the Appellate Division, Second Department, agreed the owner wasn't liable for the harm which occurred. (The appellate court wasn't convinced the ice had been there long enough to require action on Empire's part.)
That's an Empire that wasn't about to take a fall!
To download a copy of the Appellate Division's decision, please use this link: Aurilia v. Empire Realty Assoc.