The storm-in-progress rule.

Practice point: A municipality generally cannot be held liable for injuries sustained as a result of slippery conditions that occur during an ongoing storm.

Student note: If the municipality makes a prima facie showing that the accident occurred while a storm was in progress, the burden shifts to the plaintiff to raise a triable issue of fact as to whether the precipitation from the storm in progress was not the cause of the accident.

Case:  Ali v. Village of Pleasantville, NY Slip Op 03385 (2d Dept. 2012).

Here is the decision.

 Tomorrow’s issue: Statute of frauds.