There may be risk in beginning snow removal efforts before storm has stopped, but this can be defeated if shown that snow removal work did not exacerbate conditions.

The Second Department held that a property owner was entitled to summary judgment in a case involving a slip and fall on snow and ice under the Storm in Progress Doctrine, which states that a property owner is not liable for a snow and ice condition until a reasonable time has passed since the snow stopped. In Keeney there was an ongoing snow storm. The important issue was that the owner had already begun snow removal efforts and could be liable, even though there was a storm in progress, if the owner’s work exacerbated the condition. Here, the owner was able to show that their work did not exacerbate the condition, even if they failed to remove all snow and ice. This is important for defendants as it shows the risk in beginning snow removal efforts before a storm has stopped, but it also shows this can be overcome if it is shown that the snow removal work did not exacerbate the condition. 

^{Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2022 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.}