Perez v. NYC Housing Authority

NEW YORK COUNTY
Torts

New York Law Journal

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Justice Shlomo Hagler

New York City Housing Authority (NYCHA) moved for summary judgment dismissing tenant Perez's complaint in this slip and fall case. Perez allegedly slipped and fell when leaving a taxi and stepping on a curb outside the NYCHA building. She claimed NYCHA was negligent in failing to remove snow from the sidewalk, or improperly removed it. NYCHA argued absent Perez's testimony, there was no independent admissible evidence contradicting meterological findings that there could not have been such an accumulation of snow on the date in question. The court stated Perez provided no countervailing expert analysis in opposition to NYCHA's certified meteorological reports, and accompanying expert affidavit. It stated the report provided by NYCHA was compiled from weather conditions barely one mile from the location of Perez's accident, while Perez's photographs were taken days after the accident, and there was snow in the intervening period. Thus, NYCHA's motion was granted and the complaint dismissed.

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