Amy Bedell and Adam Silverstone Obtain Summary Judgment in a Premises Case

Senior Counsel Amy E. Bedell and Associate Attorney Adam H. Silverstone obtained summary judgment in favor of all defendants in a slip and fall on ice case pending in Sullivan County Supreme Court. The incident, resulting in the plaintiff requiring arthroscopic right shoulder surgery to repair a rotator cuff injury, occurred in the driveway of a campground parking lot that was closed for the season. The plaintiff was visiting relatives who were upstairs tenants of an apartment located above the campground’s administrative office. Summary judgment was granted to the owners and operator of the campground as it was demonstrated that the upstairs tenants had agreed to undertake all snow and ice removal duties pursuant to their lease agreement. Furthermore, the Court found that there was no actual or constructive notice of the alleged snow and ice accumulation and that the owners of the campground were “out of possession” landlords during the winter season.


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