PMT Delivers a Win – Snow, Shortcuts and Accidents

PMT Delivers a Win – Snow, Shortcuts and Accidents

By Anthony M. Napoli and Thomas M. Bona. Court: Supreme Court, State of New York Dutchess County Judge: Hon. Hal B. Greenwald Case Type: Slip and Fall Caption: Adami v. Ridgefield Apartment Associates, LLC Index No.: 2017-52447 Decision Date: July 17, 2020 Decision: Summary Judgment Although we are in the middle of a hot summer, it seems fitting that we talk about winter because we know that sooner than we want, we will get snow. What happens when there is a little bit of snow covering an apartment complex walkway and a person decides to avoid the walkway and takes a shortcut to avoid the possibility of slipping on the snow on the walkway? Believe it or not, the person slips and falls in a rut on the grassy area that they cannot see and then turns around and sues the apartment complex for not remedying the defect. Bizarre as this sounds, this is exactly the scenario that PMT was asked to defend. By aggressively demonstrating the fallacy of plaintiff’s claims, we were able to win summary judgment for our client. In Adami v. Ridgefield Apartment Associates, LLC the plaintiff who lived in an apartment complex in Dutchess County, was walking to her car on the day of the accident. It had been snowing and the walk, stairs and grassy area were covered in about an inch of snow. The plaintiff decided, based upon her “judgment”, that she would not take the public sidewalk and public staircase because she had seen a prior accident on the steps. Rather, she would cross the snow-covered, non-public grassy area. She felt that she was...