Under the storm-in-progress rule, a property owner or a tenant in possession will not be held responsible for accidents caused by snow or ice that accumulates during a storm until an adequate period of time has passed following the cessation of the storm to allow an opportunity to ameliorate the hazards caused by the storm. However, once a landowner or a tenant in possession undertakes snow removal during a storm in progress, it must act with reasonable care so as to avoid creating a hazardous condition or exacerbating a natural hazard created by the storm. The mere failure of a defendant to remove all the snow and ice, without more, does not establish that the defendant increased the risk of harm.
Corlette v. SN Auto Repairs, Inc., NY Slip Op 02685 (2d Dep't May 15, 2024)
