Dumela-Felix v. FGP West Street, LLC
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Schmidt, J.), dated September 12, 2014, as denied that branch of its motion which was for summary judgment dismissing the complaint.
Ordered that the order is reversed insofar as appealed from, on the law, with costs payable by the plaintiff, and that branch of the defendant’s motion which was for summary judgment dismissing the complaint is granted.
“Under the so-called ‘storm in progress’ rule, a property owner will not be held…
2Cases cited5 opinions
- Solazzo v. New York City Transit AuthorityNew York Court of Appeals · 2005
- Valentine v. City of New YorkNew York Court of Appeals · 1982
- Marchese v. SkenderiAppellate Division of the Supreme Court of the State of New York · 2008
- Rabinowitz v. MarcovecchioAppellate Division of the Supreme Court of the State of New York · 2014
- Rusin v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2015
3Cited by9 opinions
- Baolin Liu v. Westchester Property Management Group, Inc.Appellate Division of the Supreme Court of the State of New York · 2016
- Dylan v. CEJ Properties, LLCAppellate Division of the Supreme Court of the State of New York · 2017
- De Chica v. SaldanaAppellate Division of the Supreme Court of the State of New York · 2017
- Allen v. New York City Tr. Auth.Appellate Division of the Supreme Court of the State of New York · 2019
- Amato v. Brookhaven Professional Park Ltd. PartnershipAppellate Division of the Supreme Court of the State of New York · 2018
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