Defendants prima facie established they did not create the black ice condition on which plaintiff allegedly fell, and that defendants did not have actual or constructive notice of the existence of the black ice before plaintiff fell. Plaintiff failed to create an issue of fact in opposing the motion. The undisputed proof, based on plaintiff’s own testimony, established she fell on a small patch of invisible “black ice” in a large parking lot that was otherwise free of snow and ice and had been appropriately and reasonably plowed, salted and maintained at the time of the accident.
Kristen Benson and Anthony Brighton Successfully Secure Summary Judgment in Oneida County Dismissing Plaintiff’s Slip and Fall Complaint
