August 30, 2020

The storm in progress rule.

Under the rule, a property owner is not responsible for accidents occurring as a result of the accumulation of snow and ice until an adequate period of time has passed following the storm's cessation to give the owner an opportunity to ameliorate the hazards caused by the storm. On a motion for summary judgment, the question of what is a reasonable period of time may be decided as a matter of law, based on the circumstances of the case.

Bryant v. Retail Prop. Trust, NY Slip Op 04725 (2d Dep't August 26, 2020)

Here is the decision.