Gonzalez v. American Oil Co

In Gonzalez v. American Oil Co., (42 AD3d 253, 254-255, 836 N.Y.S.2d 611 [1st Dept 2007]) the Court held that summary judgment was inappropriate where plaintiff presented evidence that there was an ice patch in front of the entrance to defendants' premises, no precipitation had fallen within three hours of the accident, approximately three inches of snow had accumulated the prior day and snow was removed on an "as needed" basis by the defendants. The Court stated that "it can be reasonably inferred from the available evidence that this large patch of ice was near the front door to the store for a considerable period of time prior to the accident, and that defendants, had they acted reasonably with regard to their obligation to keep the area free from snow and ice, would have discovered it. . . From these facts-the large size of the ice patch, its consistency as well as its close proximity to the store's front door, and defendants' failure to perform any meaningful maintenance-one could reasonably conclude that defendants should have discovered this condition well before plaintiff's fall and remedied it." Id. at 255-256.