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AGOSTO v. 1 SADORE LANE REALTY CORP.

Index No. 303510/16. Appeal No. 12995. Case No. 2019-04951.

190 A.D.3d 631 (2021)

136 N.Y.S.3d 733

2021 NY Slip Op 00485

Luisa Agosto, Respondent, v. 1 Sadore Lane Realty Corp., Defendant, and Sadore Lane Gardens Inc. et al., Appellants.

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

Decided January 28, 2021.

Attorney(s) appearing for the Case

Mischel & Horn, P.C., New York ( Christen Giannaros of counsel), for appellants.

PeÑa & Kahn, PLLC, Bronx ( Jeffrey J. Schietzelt of counsel), for respondent.

Concur— Kapnick, J.P., Mazzarelli, Kennedy, Mendez, JJ.

Defendants failed to demonstrate conclusively that there was a storm in progress at the time of plaintiff's accident, which plaintiff attributes to ice on the walkway outside defendants' building, or that they did not have a reasonable amount of time in which to locate and remedy any alleged icy condition before her accident (see Mike v 91 Payson Owners Corp., 114 A.D.3d 420 [1st Dept 2014]). Although the meteorological data and...

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