GILL v. BK BRYANT AVENUE HDFC INC (2023)

Order, Supreme Court, Bronx County (Alison Y. Tuit, J.), entered January 25, 2023, which denied defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

In this action in which plaintiff slipped and fell on the exterior staircase of her apartment building as a result of snow and ice, she raised an issue of fact as to whether her accident occurred while a storm was in progress or whether there was a significant lull in the storm by submitting the affidavit of her experts, who found that the last measurable snowfall occurred approximately six hours prior to the accident (see Pipero v. New York City Tr. Auth., 69 A.D.3d 493, 493, 894 N.Y.S.2d 39 [1st Dept. 2010];  Powell v. MLG Hillside Assoc., 290 A.D.2d 345, 346, 737 N.Y.S.2d 27 [1st Dept. 2002]).  Plaintiff also raised an issue of fact as to whether defendants’ snow removal the night before her accident created or exacerbated the slippery condition (see Genen v. Metro–North Commuter R.R., 261 A.D.2d 211, 212, 690 N.Y.S.2d 213 [1st Dept. 1999]).

We have considered defendants’ remaining arguments and find them unavailing.