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Defense Plows Over Plaintiff's Claim

Obtained summary judgment in favor of a snow removal company in a case involving an alleged fall on snow and ice in a parking lot at JFK Airport. ​Our client was hired to remove snow in various locations at the airport. The plaintiff alleged that our client failed to perform snow removal properly, as a result of which, ice was allowed to form, on which the plaintiff slipped. In a 19-page decision, the court granted summary judgment to our client. Following case law, the court found that our client: (1) did not cause or create a condition so as to become an instrument of harm; (2) as a third-party contractor, did not perform services upon which the plaintiff relied; and (3) did not assume such control over the parking lot so as to displace the owner with respect to a responsibility to third parties.

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