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Clear victory in sidewalk shoveling case

Mazyck v. 1 800 Plan, LLC and Bergen Homes Condominium, Supreme Court, Kings County, June 14, 2010

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In an action defended by AGF&J’s Glenn Jacobson and associate Jessica Napoli, the Court granted building owner’s motion for summary judgment dismissing the slip-and-fall negligence complaint. Testimony by the defendant’s representative established that the company had “cleaned the total sidewalk” and shoveled the snow into the street. The Court agreed that the record contradicted plaintiff’s negligence theories, according to which defendant negligently left snow piles on either side of a pathway which later melted and then re-froze. AGF&J showed that plaintiff’s own testimony further undermined her case, and an expert’s affidavit, prepared without any actual knowledge of how the shoveling and piling had occurred, could not raise any question of fact.