| Marmol v North Isle Vil., Inc. |
| 2008 NY Slip Op 01719 [48 AD3d 760] |
| February 26, 2008 |
| Appellate Division, Second Department |
| Marivell Marmol, Appellant, v North Isle Village, Inc.,Respondent. |
—[*1] Thomas D. Hughes, New York, N.Y. (Richard C. Rubinstein and David D. Hess of counsel),for respondent.
In an action to recover damages for personal injuries, the plaintiff appeals from an order ofthe Supreme Court, Suffolk County (Doyle, J.), dated September 18, 2006, which granted thedefendant's motion for summary judgment dismissing the complaint.
Ordered that the order is reversed, on the law, with costs, and the motion for summaryjudgment dismissing the complaint is denied.
The plaintiff allegedly slipped and fell on ice and snow while walking on a well-worn path inorder to reach the parking lot outside her residence. Although there was a cement walkwayleading from the plaintiff's residence to the parking lot, the plaintiff alleged, inter alia, that therewas a vehicle parked at the very end of the walkway, and that the defendant, which owned thepremises, was negligent "in allowing cars to park at the ingress/egress area where the sidewalkmeets the parking lot." The plaintiff further claimed that she used the well-worn path onlybecause she could not safely get around the car obstructing access from the cement walkway tothe parking lot.
While the defendant established, prima facie, that the cement walkway leading to the parkinglot had been kept clear of ice and snow, it made no attempt to refute the plaintiff's claim that itwas negligent in allowing cars to park directly in front of the walkway, thereby preventingresidents from safely using the walkway to reach the parking lot (cf. Carthans v GrenadierRealty Corp., 38 AD3d 489 [2007]; Malley v Alice Hyde Hosp. Assn., 297 AD2d425 [2002]; Morris v Nacmias, 245 AD2d 432 [1997]).[*2]
On the facts presented, the defendant failed to establishits prima facie entitlement to judgment as a matter of law (see Ayotte v Gervasio, 81NY2d 1062 [1993]; Carthans v Grenadier Realty Corp., 38 AD3d 489 [2007]).Therefore, the motion should have been denied, and we need not consider the sufficiency of thepapers submitted by the plaintiff in opposition. Skelos, J.P., Fisher, Dillon and McCarthy, JJ.,concur.