JAKUBOWSKI v. AXTON OWNER LLC

154493/14. 5206. 5205.

156 A.D.3d 509 (2017)

65 N.Y.S.3d 444

2017 NY Slip Op 08724

HANNA JAKUBOWSKI et al., Appellants, v. AXTON OWNER LLC et al., Respondents, et al., Defendant.

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

Decided December 14, 2017.


The Starrett defendants made a prima facie showing of entitlement to summary judgment based upon the "storm in progress" defense via the climatological data relied upon by their expert meteorologist (see CPLR 4528; Perez v Canale, 50 A.D.3d 437 [1st Dept 2008]). In opposition, plaintiffs failed to raise a triable issue as to whether it had stopped snowing long enough for the Starrett defendants' duty to clear the snow to have...

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