Pipero v. New York City Transit Authority
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Defendant made a prima facie showing that plaintiff fell during a storm in progress by submitting certified weather records showing that snow began the day before plaintiffs accident and, while the intensity decreased, continued through the end of the day of plaintiffs fall (see Pippo v City of New York, 43 AD3d 303, 304 [2007]; Powell v MLG Hillside Assoc., 290 AD2d 345 [2002]).
In opposition, plaintiff raised a triable issue of fact as to whether a storm was in progress at the time of the accident based on his deposition testimony that it had not snowed on the day of his accident and that…
2Cases cited6 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
- Prenderville v. International Service Systems, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
- Ioele v. Wal-Mart Stores, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
- Mosley v. General Chauncey M. Hooper Towers Housing Development Fund Co.Appellate Division of the Supreme Court of the State of New York · 2008
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