Brown v Parkchester Preserv. Mgt.

Holding The court affirmed the denial of summary judgment because the plaintiff raised triable issues of fact regarding whether a storm was in progress at the time of the fall. Additionally, the record presented unresolved questions about whether black ice existed prior to the storm and whether the defendant had constructive notice of the condition.

The court’s words

Plaintiff's deposition testimony was that the freezing rain had stopped before she slipped and fell on black ice

2026 NY Slip Op 06240, at the official text

questions of credibility are left to the trier of fact

2026 NY Slip Op 06240, at the official text

Defendant did not submit evidence establishing when the walkway was last inspected or cleaned

2026 NY Slip Op 06240, at the official text