AYALA v. CITY OF NEW YORK

Index No. 23814/17E. Appeal No. 14293. Case No. 2021-00129.

198 A.D.3d 407 (2021)

152 N.Y.S.3d 308

2021 NY Slip Op 05282

Sophia Ayala, Respondent, v. City of New York, Appellant, et al., Defendants.

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

Decided October 5, 2021.


Attorney(s) appearing for the Case

Georgia M. Pestana , Corporation Counsel, New York ( Benjamin H. Pollak of counsel), for appellant.

Burns & Harris, New York ( Daniel T. Wright of counsel), for respondent.

Concur— Webber, J.P., Singh, Scarpulla, Mendez, Rodriguez, JJ.


Defendant established its prima facie entitlement to judgment as a matter of law in this action for personal injuries sustained when plaintiff slipped and fell on snow or ice on the sidewalk abutting its premises. Defendant submitted certified climatological records showing that there was a winter storm in progress at the time of plaintiff's fall thereby suspending its duty to take reasonable measures to remedy dangerous conditions caused by the storm (see De Jesus v Roban...

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