Legal Opinion

Weinberger v. 52 Duane Associates, LLC

Appellate Division of the Supreme Court of the State of New York

Decided January 31, 2013Published

1Opinion of the Court

*619Order, Supreme Court, New York County (Debra A. James, J.), entered October 18, 2011, which granted defendant 52 Duane Associates, LLC’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

In this action alleging injuries for a fall on an icy sidewalk, defendant established prima facie entitlement to summary judgment by submitting certified climatological data, showing that a storm was in progress at the time of plaintiffs fall (see CPLR 4528; Dowden v Long Is. R.R., 305 AD2d 631 [2d Dept 2003]). A landowner’s duty to take reasonable measures to remedy a…

2Cases cited11 opinions

  1. Solazzo v. New York City Transit AuthorityNew York Court of Appeals · 2005
  2. Valentine v. City of New YorkNew York Court of Appeals · 1982
  3. Valentine v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1982
  4. Dowden v. Long Island Rail RoadAppellate Division of the Supreme Court of the State of New York · 2003
  5. Pippo v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2007

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