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Defense Melts Plaintiff's Snow and Ice Claim.

We obtained summary judgment in the Supreme Court of Rockland County, New York. The plaintiff slipped and fell while walking to her mailbox during a severe winter storm in January 2016. The plaintiff initiated a lawsuit against her homeowners association and its snow removal contractor. We moved for summary judgment on behalf of the defendants, asserting that the plaintiff’s claim was barred by the storm-in-progress doctrine. In opposition to our motion, the plaintiff alleged the defendants failed to adequately salt the premises, that the defendants were aware of the icy conditions, and that the storm had ended prior to the plaintiff’s accident. In granting the defendants’ motion for summary judgment, the court found the defendants established that there was a storm in progress at the time of the plaintiff’s accident and that their efforts to prevent ice accumulation and remove snow did not create a hazardous condition. According to the court, the plaintiff’s testimony was self-serving, contradictory and a feigned attempt to create a material issue of fact as to when the storm came to an end.

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