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WERNER v. JAG 1st AVE REALTY LLC

Index No. 150013/20, Appeal No. 1527, Case No. 2023-03657.

2024 NY Slip Op 00366

TATYANA WERNER, Plaintiff-Appellant, v. JAG 1st AVE REALTY LLC, Defendant-Respondent, 87 ST. DELI INC., Defendant. JAG 1st AVE REALTY LLC, Third-Party Plaintiff-Respondent, v. NEW YORK AVENUE DELI, INC., Third-Party Defendant.

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

Decided January 25, 2024.

Attorney(s) appearing for the Case

Law Offices of William Pager, Brooklyn ( William Pager of counsel), for appellant.

Farber Brocks & Zane L.L.P., Garden City ( Lester Chanin of counsel), for respondent.

Before: Moulton, J.P., Kapnick, Mendez, Higgitt, O'Neill Levy, JJ.

Order, Supreme Court, New York County (Shlomo S. Hagler, J.), entered January 30, 2023, which granted defendant Jag 1st Ave Realty LLC's motion for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

Defendant made a prima facie showing of entitlement to summary judgment based on the storm-in-progress doctrine by submitting certified climatological records showing that it was snowing at the time of plaintiff's accident, as...

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