Bobby Santiago sued the New York City Health and Hospitals Corp. (HHC) after slipping and falling on a patch of ice.
When the New York County Supreme Court dismissed his case, Santiago appealed to the Appellate Division, First Department, which reinstated the lawsuit.
Weather records showed that snowfall took place several days before the incident and that the temperature remained below freezing--except for a brief period some 24 hours prior to Santiago's fall.
Since the HHC didn't have a record of its snow removal efforts, and its witnesses couldn't recall whether or not any snow or ice had been removed from the property, the AD1 thought that HHC failed to establish it was free of any liability in the case.
HHC got quite a frigid reception.
To view a copy of the Appellate Division's decision, please use this link: Santiago v. New York City Health & Hospitals Corporation