Matthew W. Cramer, Esq. of our Clifton Park office successfully moved for summary judgment dismissing the plaintiff's complaint and all cross claims in this serious personal injury matter against the property owner. The case involved claims of negligence based on the property owner's alleged failure to keep the premises in a reasonably safe condition, i.e., free of snow and ice from a prior storm. Matt filed a motion for summary judgment to dismiss the complaint, arguing the property owner defendants lacked notice of the alleged condition and thus did not have sufficient time to rectify it, and that plaintiff's accident occurred during a winter storm and thus the defendant did not owe plaintiff a duty of care to correct any dangerous conditions pursuant to the storm in progress doctrine. In support of our motion, we retained an expert meteorologist to provide an expert affidavit stating that at the time of plaintiff's fall, a winter storm was in progress that dropped approximately four inches of snow. Upon consideration of the motion papers, the Honorable Sandra B. Sciortino, J.S.C., granted our motion in its entirety.
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