You are here: / / STORM IN PROGRESS RULE APPLIED AS A MATTER OF LAW.

STORM IN PROGRESS RULE APPLIED AS A MATTER OF LAW.

The Court of Appeals, over a three-judge dissent, determined claimant's slip and fall complaint was properly dismissed because defendant demonstrated the storm in progress rule applied. There had been an ice storm the night before, a wintry mix was falling at 6:50 am and a light rain was falling when claimant slipped and fell on ice at 8:15 am. The dissent argued the weather conditions were contested raising questions of fact about when the storm ended, if at all, and, if it did end, how much time elapsed before the fall. Sherman v New York State Thruway Auth., 2016 NY Slip Op 03546, CtApp 5-5-16

NEGLIGENCE (SLIP AND FALL, STORM IN PROGRESS RULE APPLIED AS A MATTER OF LAW)/SLIP AND FALL (STORM IN PROGRESS RULE APPLIED AS A MATTER OF LAW)/STORM IN PROGRESS RULE (SLIP AND FALL, STORM IN PROGRESS RULE APPLIED AS A MATTER OF LAW)

You might also like
UNVERIFIED CELL PHONE SUBSCRIBER INFORMATION IN A SPRINT BUSINESS RECORD WAS PROPERLY ADMITTED BECAUSE IT WAS NOT ADMITTED FOR ITS TRUTH, RATHER IT WAS ADMITTED AS A PIECE OF A PUZZLE LINKING THE CELL PHONE TO THE DEFENDANT, WHO WAS OTHERWISE LINKED TO THE ROBBERY.
Damage to Building Caused By Excavation Next Door Constituted “Vandalism”
STATE’S FAILURE TO TAKE STEPS TO ADDRESS SAFETY PROBLEMS AT AN INTERSECTION WHICH WAS THE SITE OF FOURTEEN RIGHT-ANGLE COLLISIONS WAS THE PROXIMATE CAUSE OF THE FATAL COLLISION, STATE WAS 100% LIABLE DESPITE VEHICLE AND TRAFFIC LAW VIOLATION ON THE PART OF ONE OF THE DRIVERS (CT APP).
FRYE HEARING PROPERLY ORDERED, CRITERIA EXPLAINED, DOUBLE HEARSAY ABOUT PRIOR THREAT TO KILL SHOULD NOT HAVE BEEN ADMITTED, ERROR HARMLESS (CT APP).
​ THE DENIAL OFTHE NON-RESIDENT’S APPLICATION FOR EMPLOYMENT IN NEW YORK CITY IS SUBJECT TO THE EMPLOYMENT-DISCRIMINATION PROHIBITIONS IN THE NEW YORK CITY AND NEW YORK STATE HUMAN RIGHTS LAW (CT APP).
THE LIFE INSURANCE POLICY REQUIRED WRITTEN NOTICE OF ANY ASSIGNMENT OF THE POLICY; THE FAILURE TO PROVIDE WRITTEN NOTICE PRECLUDED THE ASSIGNEE FROM BRINGING A CLAIM UNDER THE POLICY AGAINST THE INSURER (CT APP).
NEW YORK CITY CHARTER PROVISION REQUIRES ONLY ONE ATTEMPT AT PERSONAL SERVICE OF NOTICES OF BUILDING CODE VIOLATIONS BEFORE TURNING TO THE NAIL AND MAIL ALTERNATIVE (CT APP).
“Alford” Plea in Related Criminal Proceeding Did Not Have Preclusive Effect

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

ANTISUBROGATION RULE DOES NOT APPLY TO A PARTY NOT COVERED BY THE RELEVANT ... PETITIONER NEED NOT CHALLENGE THE REAL PROPERTY TAX ASSESSMENT EVERY YEAR TO...