ACAR v. ECCLESIASTICAL ASSISTANCE CORP.

14177, 116515/10.

125 A.D.3d 464 (2015)

JOZEF ACAR, Appellant, v. ECCLESIASTICAL ASSISTANCE CORPORATION, Respondent, et al., Defendant.

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

Decided February 10, 2015.


The affidavit of plaintiff's expert meteorologist was not sufficient to raise a triable issue of fact as to whether the ice upon which plaintiff allegedly slipped and fell was a result of melting and refreezing of runoff created by defendant's snow-clearing activities. As Supreme Court found, the meteorologist's opinion offered by plaintiff was speculative. Plaintiff's expert did not refute the testimony of defendant's maintenance

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