BATISTA v. HANCOCK

Index No. 23219/18. Appeal No. 12805. Case No. 2020-00349.

190 A.D.3d 451 (2021)

140 N.Y.S.3d 19

2021 NY Slip Op 00081

Liodel Batista, Respondent, v. Stephen Hancock et al., Appellants, et al., Defendant.

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

Decided January 7, 2021.


Attorney(s) appearing for the Case

Mead Hecht Conklin & Gallagher LLP, White Plains ( George P. Epstein II of counsel), for appellants.

Kaplan & Kaplan P.C., Melville ( Zara K. Watkins of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Kapnick, Moulton, González, Scarpulla, JJ.


"Summary judgment in a snow or ice case is proper where a defendant demonstrates, through climatological data and expert opinion, that the weather conditions would preclude the existence of snow or ice at the time of the accident," or where climatological data submitted on the motion demonstrates several days of "well above freezing" temperatures between the snow event and the accident such as to establish a prima facie case undermining snow/ice hazard claims (Rodriguez...

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