Lewis v. 311 Realty, LLC

Summary

The Appellate Division, First Department reversed the denial of the defendant's motion for summary judgment in a slip-and-fall action. The court held that the storm in progress doctrine applied and that the plaintiff failed to raise a triable issue that the defendant's snow-removal activities created or exacerbated the hazardous condition.

Holdings

1. A landowner's duty to take reasonable measures to remedy a dangerous condition caused by a storm is suspended while the storm is ongoing and until a reasonable time after it ends; defendant established prima facie entitlement to summary judgment by showing that a winter storm was in progress when plaintiff fell.
2. After defendant showed that the storm-in-progress doctrine applied, plaintiff could defeat summary judgment only by raising a triable issue of fact that defendant's snow-removal activities created or exacerbated the hazardous condition; plaintiff failed to do so.

Questions Presented

1. Whether defendant established entitlement to summary judgment under New York's storm-in-progress doctrine.
2. Whether plaintiff raised a triable issue of fact that defendant's snow-removal activities created or exacerbated the dangerous condition.

Disposition

reversed