The storm-in-progress rule.

Practice point:  Under the rule, neither a landlord nor a snow removal contractor will be held liable for injuries sustained as a result of slippery conditions that occur during an ongoing storm, or for a reasonable time thereafter. Here, the defendant established its prima facie entitlement to judgment as a matter of law by producing evidence that the accident occurred while a snow storm either was in progress or had just stopped.

Student note: Contrary to the plaintiff's contention, the speculation of the defendant's former employee, who had been employed as a porter for the defendant, that when round salt mixes with frozen rain "it's a little bit slippery," did not raise a triable issue of fact as to whether the defendant's snow removal efforts created or exacerbated a dangerous condition.

Case: Smiloqitz v. GCA Serv.Grp., Inc., NY Slip Op 09044 (2d Dept. 2012).

Here is the decision.

Tomorrow’s issue: Proper service.