The plaintiff commenced this action to recover damages for personal injuries that she allegedly sustained when she slipped and fell on ice on a curb. The defendant moved for summary judgment dismissing the complaint, invoking the storm in progress doctrine. The Supreme Court granted the motion, and the Appellate Division reversed, finding that the defendant failed to meet its initial burden as the movant. Contrary to the defendant's contention, the three pages of climatological data that it submitted in support of its motion should have been authenticated because these pages themselves did not indicate that the data contained therein was "taken under the direction of the United States weather bureau," as the statute requires.
Beaton v. City of New York, NY Slip Op 04477 (2d Dep't July 21, 2021)
Tomorrow's issue: The doctrines of res judicata and collateral estoppel.
