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MURPHY v. THE GOLDMAN SACHS GROUP, INC.

150517/17. Appeal No. 14311. Case No. 2020-03425.

198 A.D.3d 511 (2021)

156 N.Y.S.3d 163

2021 NY Slip Op 05669

James Murphy, Appellant-Respondent, v. The Goldman Sachs Group, Inc., et al., Respondents, and ABM Janitorial Services-Northeast, Inc., Sued Herein as ABM Industries, Incorporated, et al., Respondents-Appellants.

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

Decided October 19, 2021.

Attorney(s) appearing for the Case

Kevin E. Rockitter, P.C., Woodbury ( Kevin E. Rockitter of counsel), for appellant-respondent.

McGiff Halverson Dooley LLP, Patchogue ( Daniel O'Connell of counsel), for ABM Janitorial Services — Northeast, Inc. and ABM Industries, Incorporated, respondents-appellants.

McGaw, Alventosa & Zajac, Jericho ( Ross P. Masler of counsel), for Jones Lang LaSalle Americas, Inc., respondent-appellant.

Wilson, Elser, Moskowitz, Edelman & Dicker, LLP, New York ( Suzanne Swanson of counsel), for respondents.

Concur—Manzanet-Daniels, J.P., Mazzarelli, Moulton, González, Pitt, JJ.

Defendants established prima facie that they cannot be held liable for injuries plaintiff sustained when he slipped and fell on their premises by showing that a storm that produced freezing rain was in progress at the time and that there had been no ice on the ground within the hour preceding plaintiff's fall (see e.g. Prince v New York City Hous. Auth., 302 A.D.2d 285, 285-286 [1st Dept. 2003]). They submitted certified weather...

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