Legal Opinion

Lester v. Ackerman

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

Decided March 8, 2011PublishedCited by 11 opinions

1Opinion of the Court

The defendant Rosina Ackerman Revocable Trust (hereinafter the Trust), the owner of real property on which the subject accident allegedly occurred, failed to make a prima facie showing that it was entitled to judgment as a matter of law dismissing the complaint insofar as asserted against it based on the “storm in progress” rule. Although the Trust submitted the affidavit of a meteorologist to support its contention that a winter storm was in progress at the time of the subject slip-and-fall accident, it also submitted the plaintiffs deposition testimony, which indicated that snow had fallen…

2Cases cited7 opinions

  1. Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
  2. Calix v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2005
  3. Daniels v. MeyersAppellate Division of the Supreme Court of the State of New York · 2008
  4. Wood v. Schenectady Municipal Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2010
  5. Verleni v. City of JamestownAppellate Division of the Supreme Court of the State of New York · 2009

2 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Kantor v. Leisure Glen Homeowners Ass'nAppellate Division of the Supreme Court of the State of New York · 2012
  2. McBryant v. Pisa Holding Corp.Appellate Division of the Supreme Court of the State of New York · 2013
  3. Yassa v. AwadAppellate Division of the Supreme Court of the State of New York · 2014
  4. Abramo v. City of Mount VernonAppellate Division of the Supreme Court of the State of New York · 2013
  5. Pecoraro v. TribuzioAppellate Division of the Supreme Court of the State of New York · 2017

6 more not listed; retrieve them via the Exa API.

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