While a storm was underway, Bernard Kantor fell on property owned by Leisure Glen Homeowners Association and later sued the group for damages. And when the Suffolk County Supreme Court refused to dismiss the case, the Association appealed.
Although landlords usually aren't liable for injuries which occur while a storm is in progress, the Appellate Division, Second Department, thought that the Leisure Glen wasn't entitled to the benefit of that rule.
Not only did the Association submit conflicting evidence as to the storm's status at the time of Kantor's injury, but it was unable to prove that its snow removal efforts "neither created not exacerbated" the property's hazardous condition.
Were they too relaxed?
To view a copy of the Appellate Division's decision, please use this link: Kantor v. Leisure Glen Homeowners Assn., Inc.