Legal Opinion
Clement v. New York City Transit Authority
Appellate Division of the Supreme Court of the State of New York
Decided November 13, 2014No. 13467 101148/06PublishedCited by 6 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Michael D. Stall-man, J.), entered March 26, 2013, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
The court properly granted defendant’s motion based on the “storm in progress” defense (see Powell v MLG Hillside Assoc., 290 AD2d 345 [1st Dept 2002]; Pippo v City of New York, 43 AD3d 303, 304 [1st Dept 2007]). Although defendant inadvertently omitted the relevant climatological data from its initial motion papers, the affirmation of its counsel stated that it was snowing from about 11…
2Cases cited3 opinions
- Powell v. MLG Hillside Associates, L.P.Appellate Division of the Supreme Court of the State of New York · 2002
- Pippo v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2007
- Prince v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2003
3Cited by6 opinions
- Ponce v. BLDG Orchard, LLCAppellate Division of the Supreme Court of the State of New York · 2021
- Santiago v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2017
- Escobar v. New York City Tr. Auth.Appellate Division of the Supreme Court of the State of New York · 2023
- Escobar v. New York City Tr. Auth.Appellate Division of the Supreme Court of the State of New York · 2023
- Santana v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2015
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