July 2020 E-Newsletter
Civil Rights and Personal Injury and General Practice Law Firm, Dedicated to Social Justice
Court Allows Slip And Fall Action To Proceed Against Supermarket
Defendant Denied Summary Judgment to Dismiss Complaint
The New York State Supreme Court of Nassau County denied summary judgment to dismiss a complaint,
with prejudice, filed by Joyce White, who slipped on snow and ice and fell in front of a Western Beef
supermarket. The complaint names Western Beef, Inc.; Western Beef Retail, Inc.; and Western Beef
Properties, Inc. as the defendants.
On January 25, 2015, a trace amount of snow and ice fell on the ground. The next morning, at
approximately 4:10, it started snowing. At 10:15 a.m., Ms. White slipped and fell in front of the
supermarket. There were no snow removal services performed before the incident occurred.
On November 9, 2016, Ms. White commenced a slip and fall action by summons and complaint. The
issue was joined by service of an answer on November 23, 2016. Trial commenced on January 16, 2019
and, on April 15, 2019, a note of issue was filed. The defendants moved for summary judgment claiming
that, based on the facts, the “storm in progress” doctrine requires summary judgment in favor of the
defendants and dismissal of the complaint with prejudice.
On May 11, 2020, Judge Roy S. Mahon denied the defendants’ motion for summary judgment, stating
that the storm in progress defense was not applicable in this case. Further, Judge Mahon noted that the
ice existed before the snowstorm occurred (“a preexisting condition,” he said) and that the defendants
“had actual or constructive notice of the preexisting condition.”
To read the decision, click here.
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