Cerra v. Perk DevelopmentCerra v. Perk Development
—Order unanimously reversed on the law without costs, motion granted and complaint dismissed. Memorandum: Plaintiffs commenced this action to recover for personal injuries sustained by plaintiff wife as a result of a slip and fall on a snow-covered walk on the premises of defendant’s restaurant. Defendant appeals from an order denying its motion for summary judgment dismissing the complaint.
The proof is uncontroverted that a snowstorm was in progress at the time of plaintiff’s fall, and thus there can be no recovery against defendant. A landowner is not responsible for a failure to remove snow and ice until a reasonable time has elapsed after cessation of the storm (Drake v Prudential Ins. Co.,