AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

JENIFER PAPPO, Appellant, v. STATE OF NEW YORK, Respondent. (Claim No. 87595.)

Ordered that the judgment is affirmed, without costs or disbursements.

In this slip and fall case where the claimant alleges that she was injured due to the defendant's failure to adequately remove snow and ice from a well-traveled pathway on one of its campuses, we find that the Court of Claims applied the proper standard in dismissing the claim.

"The critical issue to be resolved is whether, under the prevailing conditions, the State fulfilled its duty to take appropriate measures to keep the [pathway] safe * * * [i]t is a well-settled tort principle that `appropriate measures' are those which under the circumstances are reasonable * * * Ascertaining a standard of reasonableness must be undertaken `with an awareness of the realities * * * caused by * * * weather'" ( Goldman v State of New York, 158 AD2d 845).

The Supreme Court properly determined that the claimant failed to sustain her burden of showing that the State failed to exercise due care to correct a dangerous condition within a reasonable time after the cessation of the weather conditions which created the situation ( see, Goldman v State of New York, supra; see also, Candelier v City of New York, 129 AD2d 145).

Use AI to get other relevant cases.

Comments

PAPPO v. STATE
(Nov 12, 1996)