Bagnoli v. 3GR/228 LLC

Order, Supreme Court, New York County (Gerald Lebovits, J.), entered on or about July 11, 2016, which denied defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Summary judgment was properly denied in this action where plaintiff was injured when he slipped and fell on a patch of ice in front of defendants’ building. Defendants’ storm-in-progress defense was unavailing where plaintiff and a nonparty witness testified that the ice patch on which plaintiff fell had a non-clear, whitish-to-gray coloration, with some thickness to it, and the…