Ofra Ruth Rodriguez v. Dominic J. Din, Rabindra Nandlall, Vivakanand Nandlall, Deolall Nandlall. Supreme Court / Queens County 2018

Angelo J. Bongiorno was successful in obtaining summary judgment dismissing the plaintiff’s Complaint and all cross-claims against homeowners, Rabindra Nandlall, Vivakanand Nandlall, and Deolall Nandlall.

The plaintiff, Ofra Ruth Rodriguez, claimed to have slipped and fell on snow and ice covering a sidewalk between Mr. Bongiorno’s clients’ home and the codefendant’s home.  The plaintiff testified that on the morning of the accident it had snowed and had almost stopped when she was leaving her house.  Plaintiff conceded that there was freshly fallen snow when she slipped and fell.

The Honorable Frederick D. R. Sampson found that Mr. Bongiorno’s clients were exempt by NYC Administrative Code 7-210 as owner-occupied two family homeowners that exclusively use the home for residential purposes as well as that pursuant to the Storm in Progress Doctrine, defendants did not owe a duty of care, as an adequate period of time did not elapse after the snow stopped entirely.  Thus, Judge Sampson Granted the defendants’ motion for summary judgment and dismissed the plaintiff’s complaint and all cross claims against homeowners, Rabindra Nandlall, Vivakanand Nandlall, and Deolall Nandlall.