The New York Court of Appeals on May 5, 2016, addressed the “storm in progress” doctrine in a case that involved a winter rain storm in progress.

A Brief Background

The “storm in progress” doctrine was clearly stated by the Court of Appeals in 2005 in Solazzo v. New York City Transit Authority: “A property owner will not be held liable in negligence for a plaintiff’s injuries sustained as a result of an icy condition occurring during an ongoing storm or for a reasonable time thereafter.”1

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