Plaintiff testified that a forecasted winter storm had yet to commence when he slipped and fell on "black," "dirty" ice near his residence in Bronx County, NY. Meteorological records from nearby LaGuardia Airport indicated that barely 0.05 of an inch of precipitation had fallen in Queens County prior to his accident. Given such proof, we find that triable issues exist as to defendant's storm in progress defense (see generally Simpson v City of New York,
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ANDERSON v. NEW YORK CITY HOUS. AUTH.
304863/15. Appeal No. 12262. Case No. 2019-2749.
188 A.D.3d 405 (2020)
131 N.Y.S.3d 858
2020 NY Slip Op 06341
Vicente Anderson, Appellant, v. New York City Housing Authority, Respondent.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided November 5, 2020.
Decided November 5, 2020.
Appellate Division of the Supreme Court of New York, First Department.
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