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DeJESUS v. BELLE APTS. HOUS. DEV. FUNDING CORP.

Index No. 23655/13. Appeal No. 13024. Case No. 2019-03996.

191 A.D.3d 424 (2021)

142 N.Y.S.3d 17

2021 NY Slip Op 00621

Angel DeJesus, Appellant, v. Belle Apartments Housing Development Funding Corp., Respondent, et al., Defendant.

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

Decided February 4, 2021.

Attorney(s) appearing for the Case

The Law Office of Arnold E. DiJoseph, P.C., New York ( Arnold E. DiJoseph of counsel), for appellant.

Gannon, Rosenfarb & Drossman, New York ( Lisa L. Gokhulsingh of counsel), for respondent.

Concur—Kapnick, J.P., Mazzarelli, Moulton, Shulman, JJ.

The motion court properly granted defendant's motion for summary judgment based on the storm in progress defense (see Sherman v New York State Thruway Auth., 27 N.Y.3d 1019 [2016]; Solazzo v New York City Tr. Auth., 6 N.Y.3d 734, 735 [2005]; see also Administrative Code of City of NY § 16-123[a]). Defendant established that there was...

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