Legal Opinion
De Los Santos v. 4915 Broadway Realty LLC
Appellate Division of the Supreme Court of the State of New York
Decided January 13, 2009PublishedCited by 3 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Martin Shulman, J.), entered July 11, 2008, which denied defendant’s motion for summary judgment dismissing the complaint, affirmed, without costs.
*466Defendant failed to demonstrate its entitlement to judgment as a matter of law based on the “storm in progress” defense, since the evidence raised an issue of fact as to when the storm ended (see Calix v New York City Tr. Auth., 14 AD3d 583, 584 [2005]). Even if defendant had conclusively established that the storm was still in progress at the time of plaintiffs slip and fall, it would not be entitled to…
2Cases cited11 opinions
- Zabbia v. Westwood, LLCAppellate Division of the Supreme Court of the State of New York · 2005
- Janos v. PeckAppellate Division of the Supreme Court of the State of New York · 1964
- Janos v. PeckNew York Court of Appeals · 1964
- Calix v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2005
- Nadel v. CucinellaAppellate Division of the Supreme Court of the State of New York · 2002
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3Cited by3 opinions
- Guzman v. Broadway 922 Enterprises, LLCAppellate Division of the Supreme Court of the State of New York · 2015
- Gleeson v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2010
- Tracy v. 29-33 Convent Ave. Hous. Dev. Fund Corp.Appellate Division of the Supreme Court of the State of New York · 2020