GUZMAN v. BROADWAY 922 ENTERPRISES, LLC

15587, 305778/11

130 A.D.3d 431 (2015)

12 N.Y.S.3d 92

2015 NY Slip Op 05782

YOANY GUZMAN, Respondent, v. BROADWAY 922 ENTERPRISES, LLC, Defendant, and 21 BERRY DELI, INC., Appellant.

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

Decided July 2, 2015.


Defendant argues that it had no duty to remedy the alleged icy condition that caused plaintiff to slip and fall in front of its deli because there was a storm in progress at the time of the accident (see Administrative Code of City of NY § 16-123). However, the record demonstrates that the storm-in-progress doctrine has no application here. Plaintiff testified that the ice on which she slipped was covered by a thin layer of recently fallen, clean snow, that the...

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