In an action to recover damages for personal injuries, etc., the defendant appeals from so much an order of the Supreme Court, Richmond County (McMahon, J.), dated November 1, 2012, as denied his motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed insofar as appealed from, with costs.
"Under the so-called `storm in progress' rule, a property owner will not be held responsible for accidents occurring as a
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