SOW v. FEDCAP REHABILITATIVE SERVICES, INC.

6402 103599/12.

160 A.D.3d 604 (2018)

75 N.Y.S.3d 169

2018 NY Slip Op 02909

Aminata Sow, Appellant, v. Fedcap Rehabilitative Services, Inc., Respondent.

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

Decided April 26, 2018.


Defendant established prima facie that it was entitled to summary dismissal of the complaint by submitting certified weather records, an affidavit by a meteorologist, and plaintiff's own testimony showing that a winter storm was in progress at the time that plaintiff slipped and fell on sidewalk ice in front of its building (see Levene v No. 2 W. 67th St., Inc., 126 A.D.3d 541 [1st Dept 2015]).

In opposition, plaintiff failed...

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