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KOGAN v. NORTH STREET COMMUNITY, LLC

4175, 108255/06.

81 A.D.3d 429 (2011)

916 N.Y.S.2d 59

STANLEY J. KOGAN et al., Respondents, v. NORTH STREET COMMUNITY, LLC, et al., Respondents, et al., Defendants. NORTH STREET COMMUNITY, LLC, et al., Third-Party Plaintiffs-Respondents-Appellants, v. NINO TRIPICCHIO & SON LANDSCAING et al., Third-Party Defendants-Appellants.

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

Decided February 3, 2011.

North Street submitted certified weather records and an expert meteorologist's affidavit showing that temperatures on the day before the accident rose to 61 or 62 degrees and that any ice that might have formed overnight would have melted by the time of plaintiff's accident. Thus, North Street established prima facie that it neither created nor had notice of an icy condition in its parking lot (see Smith v Costco Wholesale Corp., 50 A.D.3d 499...

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