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BERGANZO v. BRONX REALTY GROUP LLC

10867, 23072/15E.

179 A.D.3d 574 (2020)

114 N.Y.S.3d 633

2020 NY Slip Op 00511

Cinthia Berganzo, Respondent, v. Bronx Realty Group LLC, Defendant, and Melrose Site D-1 Houses, Inc., et al., Appellants.

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

Decided January 23, 2020.

Supreme Court correctly found that defendants met their prima facie burden by demonstrating that a storm was in progress the night before plaintiff's accident and that a reasonable time had not elapsed to allow defendants' workers to clear the courtyard before then (see Powell v MLG Hillside Assoc., 290 A.D.2d 345 [1st Dept 2002]). Plaintiff raised triable issues of fact through admissible evidence, including eyewitness and expert...

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