APPELLATE VICTORY–THIRD DEPARTMENT-JUNE 20, 2024

Kathryn Pellet v Town of Milton

Plaintiff alleged that an accumulation of ice in the Town of Milton Community Center parking lot caused her to fall and break her ankle. Christopher Mauro and Anthony Buono moved successfully for summary judgment arguing that the Town of Milton local ordinances requiring prior written notice of ice accumulation were not complied with. Plaintiff’s argument, that the design of the Community Center’s roof and surrounding landscaping created a recurring run-off condition that caused ice to form in the parking lot, was rejected. Subsequently, plaintiff appealed to the Appellate Division, Third Department, arguing that a question of fact existed as to whether the Town of Milton created the ice condition, thereby obviating the need for prior written notice. The Third Department agreed with our argument that the design of the roof did not create an immediately recognizable ice hazard that the Town of Milton was liable for and affirmed the dismissal of the complaint.