Defendant established prima facie that it was not negligent in connection with plaintiff's slip and fall on the exterior landing in front of its building by submitting climatological records and a meteorologist's affidavit showing that there was a winter storm in progress at the time of plaintiff's accident. Under the storm in progress doctrine, a landowner's duty to take reasonable measures to remedy a dangerous condition caused by a
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LEWIS v. 311 REALTY, LLC
Index No. 21816/17E. Appeal No. 15155. Case No. 2021-02849.
201 A.D.3d 591 (2022)
158 N.Y.S.3d 559
2022 NY Slip Op 00505
Bernie Lewis, Respondent, v. 311 Realty, LLC, Appellant.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided January 27, 2022.
Decided January 27, 2022.
Attorney(s) appearing for the Case
Lewis Brisbois Bisgaard & Smith LLP, New York (Nicholas P. Hurzeler of counsel), for appellant.
Sullivan Papain Block McGrath Coffinas & Cannavo P.C., New York (Christopher J. DelliCarpini of counsel), for respondent.
Concur—Acosta, P.J., Renwick, Moulton, Scarpulla, Higgitt, JJ.
Appellate Division of the Supreme Court of New York, First Department.
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