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JOSE SANTIAGO, plf-ap, v. NEW YORK CITY HOUSING AUTHORITY, def-res

4059. JOSE SANTIAGO, plf-ap, v. NEW YORK CITY HOUSING AUTHORITY, def-res — Ferro, Kuba, Mangano, Skylar, P.C., Hauppauge (Kenneth Mangano of counsel), for ap — Herzfeld & Rubin, P.C., New York (Linda M. Brown of counsel), for res — Order, Supreme Court, Bronx County (Barry Salman, J.), entered January 22, 2016, which granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

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4059. JOSE SANTIAGO, plf-ap, v. NEW YORK CITY HOUSING AUTHORITY, def-res — Ferro, Kuba, Mangano, Skylar, P.C., Hauppauge (Kenneth Mangano of counsel), for ap — Herzfeld & Rubin, P.C., New York (Linda M. Brown of counsel), for res — Order, Supreme Court, Bronx County (Barry Salman, J.), entered January 22, 2016, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendant established entitlement to judgment as a matter of law, in this action where plaintiff was injured when he slipped and fell while attempting to walk on snow that had been pushed to the side of a walkway that was near the rear entrance of a building owned and maintained by defendant. Plaintiff alleges that he did not walk on the 16-inch wide shoveled pathway made by defendant’s employee approximately a half an hour before the accident, because there was an icy condition on it and he believed that it would be safer to walk on the snow that was beside the shoveled path. However, defendant submitted evidence, including certified climatological records, showing that freezing rain and snow started falling approximately one hour before the accident, as temperatures were decreasing from 34 to 31 degrees. Under these circumstances, defendant is entitled to the storm-in-progress defense, because the evidence shows that the icy condition that allegedly forced plaintiff from the shoveled path developed during the snow storm that commenced shortly before the happening of the accident (see Clement v. New York City Tr. Auth., 122 AD3d 448 [1st Dept 2014]; Weinberger v. 52 Duane Assoc., LLC, 102 AD3d 618 [1st Dept 2013]).

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