As the weather turns warmer and balmier, it is the perfect time to conjure up memories of winter past and talk about the “storm-in-progress” rule. Under this rule, there is no duty imposed upon a landowner to remove snow and ice while the winds are howling and the sleet and snow are pouring down. A property owner will not be held liable for accidents occurring on its property as a result of the accumulation of snow and/or ice until a reasonable period of time has passed following the cessation of the storm, within which the owner has the opportunity to ameliorate the hazards caused by the storm. Sfakianos v. Big Six Towers, 46 A.D.3d 665, 846 N.Y.S.2d 584 (2d Dept. 2007).
The rule was designed to relieve workers of any obligation to shovel snow while continuing precipitation or high winds were simply re-covering the walkways as fast as they were cleaned, thus rendering the effort fruitless. Powell v. MLG Hillside Associates, 290 A.D.2d 345, 737 N.Y.S.2d 27 (1st Dept. 2002).1 However, if snow or ice removal is undertaken during a storm, it may be actionable if performed negligently, such that the actions taken during the storm either create a hazardous condition or exacerbate the naturally occurring hazardous condition created by the storm. Marrone v. Verona, 237 A.D.2d 805, 654 N.Y.S.2d 481 (3d Dept. 1997).
