Moses

I. BACKGROUND

On the evening of February 3, 2018, Roger-McKeever hosted a small gathering for members of a political activist group at a condominium she rented in Albany. Moses was one of the attendees. Two years later, in January 2020, Moses filed a personal injury complaint for a slip and fall that allegedly occurred on or near the entryway steps to Roger-McKeever’s

1 condominium that night. 1 Moses alleged in the complaint that while she was on the premises on February 3, 2018, Roger-McKeever was aware of—or should have been aware of—and negligently allowed a dangerous condition to exist causing Moses to suffer serious injuries. In April 2021, Roger-McKeever filed a motion for summary judgment on the ground that Moses could not establish one or more elements of her premises liability claim. Roger-McKeever first argued that she did not owe a legal duty to Moses because the slip and fall occurred in a common area or on the public sidewalk, areas that were not under Roger-McKeever’s responsibility or control. She further contended that, even if her legal duty extended to the area where the slip and fall occurred, she could not be held liable because she did not have actual or…