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Salamone v. Midland Avenue Owners Corp.

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


October 6, 2009

MICHAEL SALAMONE, ET AL., PLAINTIFFS-RESPONDENTS,
v.
MIDLAND AVENUE OWNERS CORP., ET AL., DEFENDANTS-APPELLANTS, CANZONE PLASTER & TILE, INC., ET AL., DEFENDANTS.

Order, Supreme Court, Bronx County (Alan Saks, J.), entered August 21, 2008, which, inter alia, denied defendants-appellants' motion for summary judgment dismissing the complaint as against them, unanimously affirmed, without costs.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Saxe, J. P., Sweeny, Moskowitz, Acosta, Richter, JJ.

20575/04

The conflicting testimony of plaintiffs and defendants-appellants' building manager and the certified weather reports from weather stations in the areas around Yonkers, where the accident occurred, raise an issue of fact whether there was a "storm in progress" in Yonkers at the time of the accident (see Krause v City of New York, 152 AD2d 473 [1989], lv denied 76 NY2d 714 [1990]).

We have considered defendants-appellants' argument as to the admissibility of plaintiffs' expert's affidavit and find it unavailing.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20091006

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