CALIX v. NEW YORK CITY TRANSIT AUTHORITY


14 A.D.3d 583 (2005)

789 N.Y.S.2d 219

JOSE ANTONIO CALIX, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 24, 2005.


Ordered that the judgment is affirmed, with costs.

Contrary to the defendant's contentions, it was not entitled to judgment as a matter of law dismissing the complaint based on the "storm-in-progress" rule. Although the defendant introduced into evidence at trial certain climatological data indicating precipitation at Central Park, John F. Kennedy International Airport, and LaGuardia Airport at the time of the accident, there was conflicting testimony as to whether...

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