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THOMAS v. NEW YORK CITY HOUSING AUTHORITY

7280. 156815/14.

165 A.D.3d 471 (2018)

85 N.Y.S.3d 61

2018 NY Slip Op 06789

Cecy Thomas, as Administratrix of the Estate of Thomas Santos, Deceased, Respondent, v. New York City Housing Authority, Appellant.

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

Decided October 11, 2018.

Defendant established, through an expert report and meteorological records, that on January 5, 2014, a freezing rain storm occurred before the decedent's alleged accident and ended after or shortly before the accident, implicating the storm-in-progress doctrine (see generally Colon v 36 Rivington St., Inc., 107 A.D.3d 508 [1st Dept 2013]). However, defendant failed to establish the condition...

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