WEXLER v. OGDEN CAP PROPS., LLC

5009, 151058/14.

154 A.D.3d 640 (2017)

2017 NY Slip Op 07577

64 N.Y.S.3d 9

HOWARD WEXLER, Respondent, v. OGDEN CAP PROPERTIES, LLC, et al., Appellants.

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

Decided October 31, 2017.


Defendants established their prima facie entitlement to judgment as a matter of law by submitting climatological records and a meteorologist's affidavit showing that there was a winter storm in progress at the time that plaintiff slipped and fell on ice on the sidewalk in front of defendants' building (see Levene v No. 2 W. 67th St., Inc., 126 A.D.3d 541, 542 [1st Dept 2015]).

In opposition, plaintiff failed to raise a triable...

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