MARCANO v. 100-120 HUGH GRANT CIRCLE REALTY, LLC

305023/14. Appeal No. 14485. Case No. 2020-03367.

198 A.D.3d 571 (2021)

152 N.Y.S.3d 891

2021 NY Slip Op 05819

William Marcano, Appellant, v. 100-120 Hugh Grant Circle Realty, LLC, et al., Respondents, et al., Defendant.

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

Decided October 26, 2021.


Attorney(s) appearing for the Case

Pollack, Pollack, Isaac & DeCicco, LLP, New York ( Greg Freedman of counsel), for appellant.

O'Connor, O'Connor, Hintz & Deveney, LLP, Melville ( Eileen Baumgartner of counsel), for respondents.

Concur—Gische, J.P., Webber, Mazzarelli, Shulman, Pitt, JJ.


Plaintiff alleged that he sustained personal injuries when he slipped and fell as a result of snow/ice on or near the parking driveway of defendants' supermarket. Defendants established their prima facie entitlement to summary judgment through their expert meteorologist, who concluded that climatological data showed that the last measurable weather event was 19 days prior to plaintiff's accident, there was no snow or ice present in undisturbed, untreated, exposed areas for...

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