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WEINBERGER v. 52 DUANE ASSOC., LLC

9129, 107132/09.

102 A.D.3d 618 (2013)

959 N.Y.S.2d 154

2013 NY Slip Op 545

LAURA WEINBERGER, Appellant, v. 52 DUANE ASSOCIATES, LLC, Respondent, et al., Defendant.

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

Decided January 31, 2013.

In this action alleging injuries for a fall on an icy sidewalk, defendant established prima facie entitlement to summary judgment by submitting certified climatological data, showing that a storm was in progress at the time of plaintiff's fall (see CPLR 4528; Dowden v Long Is. R.R., 305 A.D.2d 631 [2d Dept 2003]). A landowner's duty to take reasonable measures to remedy a dangerous condition caused by a storm is suspended...

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