Powell v. MLG Hillside Associates, L.P.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, Bronx County (Joseph Giamboi, J.), entered January 9, 2001, which denied defendants’ motion for summary judgment, unanimously affirmed, without costs.
Plaintiff sued her landlord and custodial services agency after falling in the snow in front of her apartment building on March 7, 1999, and injuring her ankle. Defendants moved for summary judgment on the ground that they were under no immediate obligation to clear away the accumulated snow and ice, since it was still snowing from an overnight storm at the time of the accident.
The “storm in progress” defense (Grau v Taxter…
2Cases cited13 opinions
- Valentine v. City of New YorkNew York Court of Appeals · 1982
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- Newsome v. CservakAppellate Division of the Supreme Court of the State of New York · 1987
- Zima v. North Colonie Central School DistrictAppellate Division of the Supreme Court of the State of New York · 1996
- Kay v. Flying Goose, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
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