LOS SANTOS v. 4915 BROADWAY REALTY LLC


58 A.D.3d 465 (2009)

869 N.Y.S.2d 905

ESTELA DE LOS SANTOS, Respondent, v. 4915 BROADWAY REALTY LLC, Appellant.

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

January 13, 2009.


Defendant failed to demonstrate its entitlement to judgment as a matter of law based on the "storm in progress" defense, since the evidence raised an issue of fact as to when the storm ended (see Calix v New York City Tr. Auth., 14 A.D.3d 583, 584 [2005]). Even if defendant had conclusively established that the storm was still in progress at the time of plaintiff's slip and fall, it would...

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