Friedman v. Gannett Satellite Info. Network, Inc

In Friedman v. Gannett Satellite Info. Network, Inc., 302 AD2d 491 [2d Dept. 2003] the Court stated that: "In general, to impose liability for an injury proximately caused by a dangerous condition created by weather tracked into a building, a defendant must either have created the dangerous condition, or had actual or constructive notice of the condition, and a reasonable time to undertake remedial actions" When a defendant has actual or constructive notice of a dangerous condition, then within a "reasonable time" the defendant is obligated to undertake such remedial actions as are reasonable and appropriate for the circumstances (Friedman, at 491-492). In Friedman, there was testimony that it had been snowing for at least two hours at the time plaintiff slipped on an accumulation of snow, ice, and moisture at the entrance to the building vestibule, and evidence that the defendant had not placed an additional mat in the vestibule as was its usual practice during inclement weather, and therefore summary judgment was denied as there were questions of fact as to whether the defendant had constructive notice of the dangerous condition and had taken reasonable and appropriate remedial actions under the circumstances.