Majority
Appeal from an amended order of the Supreme Court, Monroe County (Ann Marie Taddeo, J.), entered May 3, 2013. The amended order denied defendant’s motion for summary judgment.
It is hereby ordered that the amended order so appealed from is unanimously reversed on the law without costs, the motion is granted and the complaint is dismissed.
Memorandum: Plaintiff commenced this action seeking damages for injuries she sustained when she slipped and fell on ice in defendant’s parking lot. Defendant moved for summary judgment dismissing the complaint, contending that it had no duty to correct the hazardous condition of the parking lot because the storm had ceased for only 15 minutes at the time of the accident, and Supreme Court denied the motion. We reverse.
We conclude that defendant met its initial burden by submitting evidence that a storm was in progress at the time of the accident and, thus, that defendant “had no duty to remove the snow and ice ‘until a reasonable time ha[d] elapsed after cessation of the storm’ ” (Glover v Botsford, 109 AD3d 1182 , 1183 [2013]). The accident occurred at approximately 5:15 p.m. on December 22, 2010, when plaintiff exited defendant’s store. According to defendant’s expert meteorologist and the weather reports upon which he relied, light snow mixed with a freezing
In view of our decision, we do not address defendant’s contention concerning plaintiffs affidavit submitted in opposition to the motion.
Present — Smith, J.P, Fahey, Peradotto, Carni and Sconiers, JJ.
Cases cited
- Baia v. Allright Parking Buffalo, Inc. 27 AD3d 1153 at 1154 p. 1250
- Brierley v. Great Lakes Motor Corp. 41 AD3d 1159 at 1160 p. 1250
- Chapman v. Pyramid Co. of Buffalo 63 AD3d 1623 at 1624 p. 1250
- Martin v. Wagner 30 AD3d 733 at 735 p. 1250