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SALAMONE v. MIDLAND AVENUE OWNERS CORP.

1113, 20575/04.

66 A.D.3d 422 (2009)

886 N.Y.S.2d 391

2009 NY Slip Op 7154

MICHAEL SALAMONE et al., Respondents, v. MIDLAND AVENUE OWNERS CORP. et al., Appellants, et al., Defendants.

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

Decided October 6, 2009.

The conflicting testimony of plaintiffs and defendants-appellants' building manager and the certified weather reports from weather stations in the areas around Yonkers, where the accident occurred, raise an issue of fact whether there was a "storm in progress" in Yonkers at the time of the accident (see Krause v City of New York, 152 A.D.2d 473 [1989], lv denied 76 N.Y.2d 714 [1990]).

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