Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
The plaintiff alleged that on December 22, 2000, at approximately 7:30 A.M., as he was descending one of the defendant's staircases at the Bay Shore Long Island Rail Road Station, he slipped and fell on accumulated snow and ice. The Supreme Court denied the defendant's motion for summary judgment based on the storm in progress rule. We reverse.
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