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HOWARD WEXLER, plf-res, v. OGDEN CAP PROPERTIES, LLC, ET AL., def-ap

5009. HOWARD WEXLER, plf-res, v. OGDEN CAP PROPERTIES, LLC, ET AL., def-ap — Molod Spitz & DeSantis, P.C., New York (Marcy Sonneborn of counsel), for ap — Morelli Law Firm PLLC, New York (Adam Deutsch of counsel), for res — Order, Supreme Court, New York County (Debra A. James, J.), entered January 13, 2017, which denied defendants' motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment accordingly.

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5009. HOWARD WEXLER, plf-res, v. OGDEN CAP PROPERTIES, LLC, ET AL., def-ap — Molod Spitz & DeSantis, P.C., New York (Marcy Sonneborn of counsel), for ap — Morelli Law Firm PLLC, New York (Adam Deutsch of counsel), for res — Order, Supreme Court, New York County (Debra A. James, J.), entered January 13, 2017, which denied defendants’ motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment accordingly.

Defendants established their prima facie entitlement to judgment as a matter of law by submitting climatological records and a meteorologist’s affidavit showing that there was a winter storm in progress at the time that plaintiff slipped and fell on ice on the sidewalk in front of defendants’ building (see Levene v. No. 2 W. 67th St., Inc., 126 AD3d 541, 542 [1st Dept 2015]).

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