“Under the so-called ‘storm in progress’ rule, a property owner will not be held responsible for accidents occurring as a result of the accumulation of snow and ice on its premises until an adequate period of time has passed following the cessation of the storm to allow the owner an opportunity to ameliorate the hazards…
Read More New York’s “Storm in Progress” RuleIn Guzman v. Broadway 922 Enters., LLC, decided July 2, 2015, the Appellate Division, First Department affirmed the denial of defendant’s motion for summary judgment on plaintiff’s snow/ice slip-and-fall case. The court considered, and rejected, defendant’s defense based on the so-called “storm in progress” rule. In addition, it provides an example of one way a…
Read More Snow/Ice Slip-and-Fall Case Continues Based on Testimony that Ice Was “Dark” and “Dirty”In Fisher v. Kasten, decided January 21, 2015, the Appellate Division, Second Department dismissed plaintiff’s slip-and-fall case on the basis of the so-called “storm-in-progress” rule. Plaintiff alleges that in February 2011, he was “injured after slipping and falling on an icy condition on the landing of an exterior stairway of the apartment building in which…
Read More Court Applies “Storm in Progress” Rule to Dismiss Slip-and-Fall Case