Opinion
7306 Index 152370/15
10-11-2018
YU YAN ZHENG, Plaintiff–Appellant, v. FU JIAN HONG GUAN AMERICAN UNITY ASSOCIATION, INC., et al., Defendants–Respondents.
Lurie, Ilchert, MacDonnell & Ryan, LLP, New York (Dennis A. Breen of counsel), for appellant. Litchfield Cavo, LLP, New York (John V. Barbieri of counsel), for Fu Jian Hong Guan American Unity Association, Inc., respondent. Gannon, Rosenfarb & Drossman, New York (Lisa L. Gokhulsingh of counsel), for Diane Chong, respondent.
Lurie, Ilchert, MacDonnell & Ryan, LLP, New York (Dennis A. Breen of counsel), for appellant.
Litchfield Cavo, LLP, New York (John V. Barbieri of counsel), for Fu Jian Hong Guan American Unity Association, Inc., respondent.
Gannon, Rosenfarb & Drossman, New York (Lisa L. Gokhulsingh of counsel), for Diane Chong, respondent.
Friedman, J.P., Gische, Kapnick, Kahn, Oing, JJ.
Order, Supreme Court, New York County (James E. d'Auguste, J.), entered September 15, 2017, which granted defendants' motions for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Plaintiff does not dispute that defendants' obligation to clear the subject steps of snow and ice was suspended through the time of her accident under the storm in progress doctrine (see Solazzo v. New York City Tr. Auth., 21 A.D.3d 735, 735–36, 800 N.Y.S.2d 698 [1st Dept. 2005], affd 6 N.Y.3d 734, 735, 810 N.Y.S.2d 121, 843 N.E.2d 748 [2005] ; Weinberger v. 52 Duane Assoc., LLC, 102 A.D.3d 618, 619, 959 N.Y.S.2d 154 [1st Dept. 2013] ). Moreover, defendant Fu Jian demonstrated that it reasonably maintained the premises since there were non-skid strips on the stairs.
In opposition, plaintiff failed to raise an issue of fact as to whether defendants acted reasonably in maintaining the steps. In fact, plaintiff did not testify that her fall was caused by anything other than snow and ice.