Legal Opinion
Guzman v. Broadway 922 Enterprises, LLC
Appellate Division of the Supreme Court of the State of New York
Decided July 2, 2015No. 15587 305778/11PublishedCited by 11 opinions
1Opinion of the Court
Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered June 24, 2014, which denied defendant 21 Berry Deli, Inc.’s motion for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.
Defendant argues that it had no duty to remedy the alleged icy condition that caused plaintiff to slip and fall in front of its deli because there was a storm in progress at the time of the accident (see Administrative Code of City of NY § 16-123). However, the record demonstrates that the storm-in-progress doctrine has no application here. Plaintiff testified that the…
2Cases cited5 opinions
- Olivieri v. GM Realty Co., LLCAppellate Division of the Supreme Court of the State of New York · 2007
- Baulieu v. Ardsley Associates, L.P.Appellate Division of the Supreme Court of the State of New York · 2011
- Mike v. 91 Payson Owners Corp.Appellate Division of the Supreme Court of the State of New York · 2014
- Tubens v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1998
- De Los Santos v. 4915 Broadway Realty LLCAppellate Division of the Supreme Court of the State of New York · 2009
3Cited by11 opinions
- Bagnoli v. 3GR/228 LLCAppellate Division of the Supreme Court of the State of New York · 2017
- Anderson v. New York City Hous. Auth.Appellate Division of the Supreme Court of the State of New York · 2020
- Anderson v. New York City Hous. Auth.Appellate Division of the Supreme Court of the State of New York · 2020
- Batista v. HancockAppellate Division of the Supreme Court of the State of New York · 2021
- Batista v. HancockAppellate Division of the Supreme Court of the State of New York · 2021
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