Zhou v. 131 Chrystie St. Realty Corp.

• Decision Date: 03 February 2015
• Citation: 125 A.D.3d 429,2015 N.Y. Slip Op. 00825,3 N.Y.S.3d 21
• Parties: BI FANG ZHOU, Plaintiff–Appellant, v. 131 CHRYSTIE STREET REALTY CORP., et al., Defendants–Respondents.
• Court: New York Supreme Court — Appellate Division

?125 A.D.3d 429
3 N.Y.S.3d 21
2015 N.Y. Slip Op. 00825

BI FANG ZHOU, Plaintiff–Appellant,
v.
131 CHRYSTIE STREET REALTY CORP., et al., Defendants–Respondents.

Supreme Court, Appellate Division, First Department, New York.

Feb. 3, 2015

Affirmed.

[3 N.Y.S.3d 22]

Leslie Elliot Krause, LLP, New York (Joseph Medic of counsel), for appellant.

Lewis Brisbois Bisgaard & Smith LLP, New York (Nicholas P. Hurzeler of counsel), for 131 Chrystie Street Realty Corp., Henry Madison Management Corp. and Home Sweet Home, respondents.

Tobias & Kuhn, New York (Michael V. DiMartini of counsel), for Envoy Enterprises, LLC, respondent.
FRIEDMAN, J.P., ANDRIAS, SAXE, RICHTER, GISCHE, JJ.

Order, Supreme Court, New York County (Manuel J. Mendez, J.), entered on or about October 16, 2013, which granted defendants' motions for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiff alleges that on February 11, 2010, at approximately 7:30 a.m., she slipped and fell on a layer of ice covered with snow on the sidewalk. The sidewalk was located in front of premises owned by defendant 131 Chrystie Realty Street Corp. and managed by defendant Henry Madison Management Corp.; defendant TLS Chrystie LLC d/b/a Home Sweet Home operated a bar in the basement of the premises, and defendant Envoy Enterprises, LLC operated an art gallery on the ground floor.

Defendants submitted, inter alia, meteorological records showing that snow fell throughout the day prior to plaintiff's accident, ending after 11 p.m. Thus, “[p]ursuant to Administrative Code of the City of N.Y. § 16–123(a), defendants had until 11:00 a.m. to clear the snow and ice from the sidewalk. Since that period had not yet expired at the time that plaintiff fell, defendants established their entitlement to judgment as a matter of law” ( Colon v. 36 Rivington St., Inc., 107 A.D.3d 508, 508, 968 N.Y.S.2d 23 [1st Dept.2013] ).

In opposition, plaintiff failed to raise a triable issue of fact. She offered only speculation that defendants may nonetheless be held liable for making the natural accumulation of snow and ice worse by negligently attempting to remove it. “Mere evidence of the property owner's general habits regarding snow removal are insufficient to raise an issue of fact as to whether the defendant may have engaged in snow removal that led to the accident” ( Nadel v. Cucinella, 299 A.D.2d 250, 252, 750 N.Y.S.2d 588 [1st Dept.2002] ). Moreover, the presence of ice under a layer of snow,...