RYAN BANNON SUCCESSFULLY WINS SUMMARY JUDGMENT FOR SNOW PLOW OPERATOR

Ryan Bannon successfully defended a snow plow operator in a personal injury action via summary judgment, arguing that his client lacked a duty to the plaintiff. The case, venued in Supreme Court, Westchester County, involved a slip and fall on ice in the parking lot of a condominium complex. Plaintiff argued that the defendant had a duty to the plaintiff because its contract with the property owner entirely displaced the owner’s duty to maintain the premises. Ryan argued that the defendant was not obligated to plow snow under one inch of snowfall and not obligated to inspect the premises in between snow storms. Additionally, the defendant’s plowing obligations were limited to roads, walkways and entrances. Citing Espinal v. Melville Snow Contractors, Inc., 98 N.Y.2d 136, 773 N.E.2d 485 (2002), these facts proved as a matter of law that the defendant snow plow operator did not entirely displace the owner’s duty to maintain the premises, and therefore, the defendant did not have a duty to the plaintiff. The Court agreed with Ryan’s arguments and granted the defendant’s motion for summary judgment, dismissing the entire case against the snow plow operator.