Thursday, June 1, 2017

A valid storm-in-progress defense.

Practice point:  A defendant is entitled to the defense where the evidence shows that the icy condition that allegedly forced plaintiff from the shoveled path developed during the snow storm that commenced shortly before the accident occurred.

Case in point:  Santiago v. New York City Hous. Auth., NY Slip Op 04053 (1st Dep't May 18, 2017)

Here is the decision.

Tomorrow's issue:  A valid defense of duress.