610 N.Y.S.2d 642 | N.Y. App. Div. | 1994
Appeal from an order of the Supreme Court (Brown, J.), entered March 30, 1993 in Saratoga County, which granted defendant’s motion for summary judgment dismissing the complaint.
On February 2, 1989, plaintiff slipped and fell on an icy sidewalk while exiting defendant’s store in the City of Mechanicville, Saratoga County, in the vicinity of the ramp providing access to the handicapped. At the time of the accident, and for at, least IV2 hours prior thereto, a storm with freezing rain and sleet had been in progress. Defendant had its employees spread sand and salt around the building, but the continuing precipitation rendered those efforts ineffective. Defendant moved for summary judgment dismissing the complaint in this personal injury action contending that, as a matter of law, it had violated no duty of care to plaintiff by failing to correct the icy condition prior to the end of the storm. Plaintiff has appealed from the order of Supreme Court which granted the motion. We affirm.
We find no merit to plaintiff’s remaining contention of a defect in the design of the sidewalk which was neither alleged in her pleadings nor raised by plaintiff before Supreme Court.
Cardona, P. J., Mercure, White and Casey, JJ., concur. Ordered that the order is affirmed, with costs.