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Gallo v. Health Port, Inc – Case Brief Summary (New York)

In Gallo v. Health Port, Inc., 62 A.D.3d 943, 881 N.Y.S.2d 108 [2nd Dept. 2009], the dripping snow or ice from a roof of a landlord's strip mall was insufficient to charge the tenant with notice of an icy patch on which the customer slipped and fell, thereby precluding the customer's action against the tenant.

The Appellate Division, Second Judicial Department, significantly modified the lower court's decision that, in relevant part, had denied the tenant's cross motion for summary judgment to dismiss.

The Second Department, in Gallo, observed that the store tenant's "general awareness of a dangerous condition . . . was insufficient to charge it with constructive notice of the condition." Id. at 945.