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FILIUS v. NEW YORK CITY HOUSING AUTHORITY.

5148. 22203/14E.

156 A.D.3d 434 (2017)

64 N.Y.S.3d 553

2017 NY Slip Op 08495

YVES FILIUS, Respondent, v. NEW YORK CITY HOUSING AUTHORITY, Appellant.

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

Decided December 5, 2017.

Defendant established its entitlement to judgment as a matter of law by submitting evidence showing that plaintiff fell during a storm in progress. The certified meteorological records and plaintiff's testimony demonstrate that it was snowing at the time of the accident (see Pippo v City of New York, 43 A.D.3d 303, 304 [1st Dept 2007]).

In opposition, plaintiff failed to raise...

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