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GIRON v. NEW YORK CITY HOUSING AUTHORITY

22599/16. Appeal No. 12149. Case No. 2019-3699.

187 A.D.3d 603 (2020)

131 N.Y.S.3d 119

2020 NY Slip Op 06015

Mary Giron, Appellant, v. New York City Housing Authority, Respondent, et al., Defendant.

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

Decided October 22, 2020.

The court properly granted defendant's motion based on the "storm in progress" defense (see Powell v MLG Hillside Assoc., 290 A.D.2d 345 [1st Dept 2002]; Pippo v City of New York, 43 A.D.3d 303, 304 [1st Dept 2007]). Defendant established that a storm was in progress at the time of plaintiff's accident by submitting, among other things: an expert affidavit from a meteorologist who, based...

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