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LAURA WEINBERGER, plfap, v. 52 DUANE ASSOCIATES, LLC, def-res

9129. LAURA WEINBERGER, plfap, v. 52 DUANE ASSOCIATES, LLC, def-res — A & E STORES, INC., ETC., def — Hill & Moin LLP, New York (Cheryl Eisberg Moin of counsel), for ap — Hoey, King, Epstein, Prezioso & Marquez, New York (Erik C. Porcaro of counsel), for res — Order, Supreme Court, New York County (Debra A. James, J.), entered October 18, 2011, which granted defendant 52 Duane Associates, LLC's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

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9129. LAURA WEINBERGER, plfap, v. 52 DUANE ASSOCIATES, LLC, def-res — A & E STORES, INC., ETC., def — Hill & Moin LLP, New York (Cheryl Eisberg Moin of counsel), for ap — Hoey, King, Epstein, Prezioso & Marquez, New York (Erik C. Porcaro of counsel), for res — Order, Supreme Court, New York County (Debra A. James, J.), entered October 18, 2011, which granted defendant 52 Duane Associates, LLC’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

In this action alleging injuries for a fall on an icy sidewalk, defendant established prima facie entitlement to summary judgment by submitting certified climatological data, showing that a storm was in progress at the time of plaintiff’s fall (see CPLR 4528; Dowden v. Long Is. R.R., 305 AD2d 631 [2nd Dept 2003]). A landowner’s duty to take reasonable measures to remedy a dangerous condition caused by a storm is suspended while a storm is in progress, and does not commence until a reasonable time after the storm has ended (see Solazzo v. New York City Tr. Auth., 21 AD3d 735, 735-736 [1st Dept 2005], affd 6 NY3d 734 [2005]; Valentine v. City of New York, 86 AD2d 381, 383 [1st Dept 1982], affd 57 NY2d 932 [1982]; Pippo v. City of New York, 43 AD3d 303, 304 [1st Dept 2007]).

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