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PIPERO v. NEW YORK CITY TRANSIT AUTHORITY

2020, 17478/04

69 A.D.3d 493 (2010)

894 N.Y.S.2d 39

2010 NY Slip Op 390

MICHAEL G. PIPERO, JR., Respondent, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant.

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

Decided January 21, 2010.

Defendant made a prima facie showing that plaintiff fell during a storm in progress by submitting certified weather records showing that snow began the day before plaintiff's accident and, while the intensity decreased, continued through the end of the day of plaintiff's fall (see Pippo v City of New York, 43 A.D.3d 303, 304 [2007]; Powell v MLG Hillside Assoc., 290 A.D.2d 345 [2002]).<...

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