LOWENSTERN v. SHERMAN SQUARE REALTY CORP.

7225. 159528/14.

165 A.D.3d 432 (2018)

84 N.Y.S.3d 151

2018 NY Slip Op 06616

Barbara A. Lowenstern, Respondent, v. Sherman Square Realty Corp. et al., Appellants.

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

Decided October 4, 2018.


The defendants made a prima facie showing of entitlement to summary judgment based on the storm-in-progress doctrine through the submission of their witness's and a nonparty witness's deposition testimony, as well as certified meteorological data and an affidavit from a meteorologist, all of which establish that there was a storm in progress at the time of plaintiff's accident (see Weinberger v 52 Duane Assoc., LLC, 102 A.D.3d 618

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