Practice point: Summary judgment is proper where defendant demonstrates, through climatological data and expert opinion, that the conditions would preclude the existence of snow or ice at the time of the accident.
Students should note that, pursuant to CPLR 4528, a record of weather observations taken under the direction of the United States Weather Bureau is prima facie evidence of the facts stated.
Massey v. Newburgh W. Realty, Inc., NY Slip Op 04086 (1st Dept. 2011
Tomorrow's issue is sidewalk defects.
