ZEMPOALTECA v. GINSBERG

2017-04979 Index No. 504763/14.

159 A.D.3d 1024 (2018)

70 N.Y.S.3d 389

2018 NY Slip Op 02193

FEVMIN ZEMPOALTECA, Respondent, v. BONNIE GINSBERG et al., Appellants.

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

Decided March 28, 2018.


Ordered that the order is affirmed, with costs.

In the afternoon of January 10, 2014, the plaintiff allegedly sustained personal injuries when he slipped and fell on ice on a sidewalk abutting the defendants' property in Brooklyn. Thereafter, the plaintiff commenced this action against the defendants. The defendants moved for summary judgment dismissing the complaint, contending that the storm in progress rule applied. The Supreme Court denied the motion, and the...

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