CHEUNG v. NEW YORK CITY TR. AUTH.

2012-00077.

106 A.D.3d 768 (2013)

964 N.Y.S.2d 596

2013 NY Slip Op 3292

KEITH CHEUNG, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent.

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

Decided May 8, 2013.


Ordered that the judgment is reversed, on the law, with costs, the complaint is reinstated, and the matter is remitted to the Supreme Court, Queens County, for a new trial.

The plaintiff correctly contends that the Supreme Court erred in charging the jury with regard to the so-called "storm in progress" rule. Under that rule, "`a property owner will not be held responsible for accidents occurring as a result of the accumulation of snow and ice on its premises until...

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