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Slip and Fall Victim Defeats "Storm in Progress" Motion to Dismiss

On August 23, 2017, a New York County Supreme Court Justice denied a property owner's motion to dismiss the claim of a personal injury claimant who was injured when he slipped on snow and ice as he was descending an exterior staircase. The property owner argued that this case didn't deserve a jury trial as they had no obligation to  remove snow and ice until the snowstorm ended. This is a well recognized defense that often results in a pre-trial dismissal of similar cases. But not all the time.

The Court denied the motion based on a meteorologist's affidavit and a certified weather report indicating that despite the two day storm that preceded the incident--there was a period of five hours with no snow, 4 hours with only trace amounts of snowfall and no snow at all at the time of the incident. The Judge cited case law showing a historical precedent for allowing a case of this nature to be decided by a jury on whether the property owner was justified in not clearing the snow and ice when there were interruptions in the snow storm. Valentini v PCV St Owner, 2017 WL 3492287, Index No. 155894/14

Ronald C. Burke, Esq

Trial Attorney with 30+ Years of Experience Attorney Ronald C. Burke, Esq. has more than 30 years of experience and has focused his career on representing clients in cases involving personal injury, medical malpractice and legal malpractice. He is a seasoned trial lawyer and has won many seven-figure settlements and verdicts for his clients over the years, including many case victories listed among the largest in the history of the New York State. He has been featured in the news and is a regular lecturer for the New York County Lawyers Association, as well as having lectured before the New York State Bar Association. Ron is also an attorney with Kelner & Kelner, a New York personal injury law firm. Awards and Accolades Mr. Burke's awards and accolades are many. Among them, he has been included in New York Super Lawyers® each year since 2010, and he has received the highest-possible AV® Rating from Martindale-Hubbell®. Verdict Search, a part of the New York Law Journal, frequently recognizes his notable successes after winning some of the highest settlements and verdicts in past years. He was also featured in their list of the "Top New York Verdicts of 2011" and "Top New York Settlements of 2012." He is a member of the New York State Bar Association and is licensed to practice law in the U.S. District Court for the Southern and Eastern Districts of New York, as well as before the United States Supreme Court. When Attorney Burke is not handling legal malpractice cases, he is highly involved in the local community. He is a member of the Village of Rockville Centre Volunteer Fire Department, has served on the local school board and as Chairman of the local Zoning Board. Learn more about Attorney Burke and how he can skillfully handle your malpractice case by contacting the Law Offices of Ronald C. Burke, Esq. right away to schedule your complimentary case evaluation. Our firm is here to help! Contact a New York Legal Malpractice Attorney Our firm provides each client's case with thorough preparation and aggressive representation, ensuring that you win the best possible results for your case whether it is settled or goes to trial. As a seasoned trial lawyer, Mr. Burke can provide the strong and relentless representation you need to establish negligence in a legal malpractice case and to recover any damages you may have suffered. Our firm can recover compensation for pre-trial and trial malpractice, violations of fee arrangements, loss of income, pain and suffering, and much more. Contact us today!

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