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PONCE v. BLDG ORCHARD, LLC

Ind. Nos. 157103/15, 595540/16. Appeal No. 13222. Case No. 2020-02901.

191 A.D.3d 613 (2021)

143 N.Y.S.3d 22

2021 NY Slip Op 01215

Francisca Ponce, Appellant, v. BLDG Orchard, LLC, et al., Respondents. (And a Third-Party Action.)

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

Decided February 25, 2021.

Attorney(s) appearing for the Case

The Altman Law Firm, PLLC, Woodmere ( Michael T. Altman of counsel), for appellant.

Perry, Van Etten, Rozanski & Kutner, LLP, Melville ( John J. Ullrich of counsel), for BLDG Orchard, LLC and BLDG Management Co., Inc., respondents.

Golden, Rothschild, Spagnola, Lundell, Boylan, Garubo & Bell, P.C., New York ( Eric S. Schlesinger of counsel), for LIC Sweater Co., respondent.

Concur—Manzanet-Daniels, J.P., Kern, Kennedy, Scarpulla, JJ.

The court properly granted defendants' respective summary judgment motions based on the storm-in-progress defense (Pippo v City of New York, 43 A.D.3d 303, 304 [1st Dept 2007]; Powell v MLG Hillside Assoc., 290 A.D.2d 345, 345 [1st Dept 2002]). Their expert meteorologist opined that the icy condition on the staircase where plaintiff fell was the result of snowfall that day, which stopped...

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