DUMELA-FELIX v. FGP WEST STREET, LLC

2014-11130, Index No. 500979/11.

135 A.D.3d 809 (2016)

22 N.Y.S.3d 896

2016 NY Slip Op 00328

ALFIDA DUMELA-FELIX, Plaintiff, v. FGP WEST STREET, LLC, Appellant.

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

Decided January 20, 2016.


Ordered that the order is reversed insofar as appealed from, on the law, with costs payable by the plaintiff, and that branch of the defendant's motion which was for summary judgment dismissing the complaint is granted.

"Under the so-called `storm in progress' 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 an adequate period of time has passed following the cessation...

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