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TRACY v. 29-33 CONVENT AVE. HOUS. DEV. FUND CORP.

11002, 304532/15.

179 A.D.3d 612 (2020)

117 N.Y.S.3d 223

2020 NY Slip Op 00557

Kendall Tracy, Respondent, v. 29-33 Convent Avenue Housing Development Fund Corporation et al., Appellants.

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

Decided January 28, 2020.

Defendants' submission of climatological records and the affidavit of a meteorologist were not sufficient to conclusively establish that a winter storm was in progress at the time of the accident (see De Los Santos v 4915 Broadway Realty LLC, 58 A.D.3d 465 [1st Dept 2009]). There was no precipitation falling at the time that plaintiff fell, and defendants have not established that there were more than trace amounts of snow falling...

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