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STORM IN PROGRESS RULE DID NOT APPLY, STORM STOPPED 12 HOURS BEFORE THE SLIP AND FALL 2ND DEPT.

The Second Department determined defendant Home Depot’s motion for summary judgment in this slip and fall case was properly denied. The storm in progress rule did not apply because the precipitation stopped 12 hours before the fall, and the temperature dipped below freezing 10 hours before the fall:

Home Depot failed to establish its prima facie entitlement to judgment as a matter of law dismissing the complaint by demonstrating that there was a storm in progress at the time of the injured plaintiff’s accident or that it did not have a reasonable opportunity after the cessation of the storm to remedy the allegedly dangerous condition … . The climatological data submitted by Home Depot showed that there was an accumulation of about three inches of snow, which had ceased to fall by 7:00 p.m. on January 18, 2004, about 12 hours prior to the accident, and that the temperature dropped to below freezing by 9:00 p.m., about 10 hours prior to the accident, and remained below freezing through the time of the accident. Thus, Home Depot failed to establish, prima facie, that it did not have a reasonable time to ameliorate the snow and ice condition in the parking lot … . Morris v Home Depot USA, 2017 NY Slip Op 05717, 2nd Dept 7-19-17

NEGLIGENCE (SLIP AND FALL, STORM IN PROGRESS RULE DID NOT APPLY, STORM STOPPED 12 HOURS BEFORE THE SLIP AND FALL 2ND DEPT)/SLIP AND FALL (STORM IN PROGRESS RULE DID NOT APPLY, STORM STOPPED 12 HOURS BEFORE THE SLIP AND FALL 2ND DEPT)/STORM IN PROGRESS (STORM IN PROGRESS RULE DID NOT APPLY, STORM STOPPED 12 HOURS BEFORE THE SLIP AND FALL 2ND DEPT)

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