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Hawthorne, NY 10532
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Traub Lieberman Straus & Shrewsberry’s (TLS&S) motion for summary judgment was granted on behalf of its client Transitional Services for New York (TSNY) in a decision issued by New York State Supreme Court Judge Augustus Agate. Lisa J. Black and Brandon Mohr were the TLS&S handling attorneys. TSNY leased the property adjacent to the sidewalk where plaintiff claimed to have sustained injuries in a slip and fall accident while attempting to cross a pile of snow in order to access the cleared section of sidewalk. Plaintiff filed suit against the owner of the subject property and the tenant, TSNY. At the close of discovery, TLS&S moved for summary judgment seeking dismissal of plaintiff’s claims on several grounds. First, TLS&S argued that the snow pile upon which plaintiff allegedly fell could not be considered a dangerous condition sufficient to find TSNY liable for plaintiff’s alleged accident involving same. Second, even if the snow pile was found to be a dangerous condition, TLS&S argued that TSNY lacked actual and constructive notice of the dangerous condition.  The Court’s decision dismissing plaintiff’s claims in their entirety noted that NYC Department of Sanitation Rules prohibit snow cleared from the sidewalk to be thrown in the street, thus necessitating its accumulation at the curb line. In this regard, the Court held that defendants TSNY and Neoscape Gardens, the snow removal company, did not create a dangerous condition or exacerbate a natural hazard in their snow removal activities. Additionally, alternate routes were available through which plaintiff could have accessed the subject sidewalk without attempting to scale the pile of snow. Furthermore, plaintiff was unable to show that TSNY had either actual or constructive notice of the allegedly dangerous condition in the form of the snow pile. Lastly, the Court also cited contradictions between plaintiff’s deposition testimony and her affidavit acknowledging the affidavit’s submission to be a feigned attempt to raise factual issues where none existed.