MOSLEY v. GENERAL CHAUNCEY M. HOOPER TOWERS HOUSING DEVELOPMENT FUND COMPANY, INC.


48 A.D.3d 379 (2008)

851 N.Y.S.2d 563

LILLIE MOSLEY, Appellant, v. GENERAL CHAUNCEY M. HOOPER TOWERS HOUSING DEVELOPMENT FUND COMPANY, INC., Respondent.

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

Decided February 28, 2008.


Plaintiff's deposition testimony that it was snowing when she fell at around 9:00 A.M., that it had been snowing the entire night before, that the entire sidewalk was white with snow, and that she slipped on snow, not ice, satisfied defendant's initial burden of showing that plaintiff fell because of a dangerous snow condition created by a storm in progress (see Administrative Code of City of NY § 16-123 [a]). In opposition, plaintiff submitted an affidavit stating...

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