SMILOWITZ v. GCA SERV. GROUP, INC.

2011-07998.

101 A.D.3d 1101 (2012)

957 N.Y.S.2d 391

2012 NY Slip Op 9044

EUGENIA SMILOWITZ, Appellant, v. GCA SERVICE GROUP, INC., Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

December 26, 2012.


Ordered that the order is affirmed, with costs.

The plaintiff alleged that she slipped and fell on snow and ice as she was entering her place of employment in St. John Hall, on the campus of St. John's University. The defendant was under contract with the University to maintain the grounds, which included snow removal work. The Supreme Court granted the defendant's motion for summary judgment dismissing the complaint.

Under the "storm in progress rule," neither...

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